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U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of...more

Ninth Circuit Finds No Sovereign Immunity Waiver For Tribes Under CWA

On June 23, 2021, the Ninth Circuit in Deschutes River All. v. Portland Gen. Elec. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean...more

Yet Another WOTUS Rule: Will This One Float?

On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

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