In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more
6/21/2023
/ Biodiversity ,
Chevron Deference ,
Chevron v NRDC ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
NEPA ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On the eve of 2023, the Environmental Protection Agency (EPA) announced a final rule modifying the definition of "waters of the United States" (WOTUS), a key term of the 1972 Clean Water Act that has fueled much passion for...more
If there is one thing we know for certain about the term "Waters of the United States" (WOTUS) under the Clean Water Act (CWA), it is that its definition remains uncertain....more
On June 1, 2020, the Environmental Protection Agency (EPA) released its new rules implementing section 401 of the Clean Water Act (CWA). Section 401 provides that before a federal agency can approve a project that may result...more
On May 15, 2020, the Oregon Department of Environmental Quality (DEQ) submitted a letter to the Environmental Protection Agency (EPA) in which it objected to EPA's draft water quality discharge permits (NPDES permits)...more
Among the barrage of news reports related to state and federal responses to COVID-19, less discussed is the suspension of some environmental compliance obligations for regulated entities affected by the crisis....more
The Clean Water Act (CWA) requires the Oregon Department of Environmental Quality (ODEQ) to report on the quality of its surface waters every two years....more