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
5/30/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Last Thursday, the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can...more
6/3/2016
/ Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Permits ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands