Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA). The Court in Sackett v. EPA held that “the CWA extends to...more
“Sackett” may be poised to become a part of the Clean Water Act (CWA) jurisdictional lexicon, joining the likes of Rapanos, significant nexus, relatively permanent, and Solid Waste Agency of Cook County, on the tip of every...more
The partial government shutdown that began December 22, 2018 has interrupted the Trump administration’s proposal to revise the Clean Water Act’s definition of Waters of the United States (WOTUS Proposal). The pre-publication...more
There’s yet more breaking news on the Trump administration’s efforts to clarify the scope of the federal government’s Clean Water Act (CWA) jurisdiction. On June 29, 2018, the Environmental Protection Agency (EPA) and U.S....more
Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more
11/21/2017
/ Appeals ,
Certiorari ,
Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Jurisdiction ,
Navigable Waters ,
Oral Argument ,
Preliminary Injunctions ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more