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
The U.S. Army Corps of Engineers has just finalized its rule reissuing and modifying a dozen existing Nationwide Permits (NWPs), issuing four new NWPs, and revising the general conditions and definitions applying to these...more