On May 25, 2023, after more than 15 years of fighting, a couple contesting the Environmental Protection Agency’s assertion of jurisdiction over their residential lot as “waters of the United States” (WOTUS) under the Clean...more
6/14/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act...more
1/16/2023
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Regulatory Reform ,
Sackett ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more
4/12/2022
/ Certification Requirements ,
Clean Water Act ,
Delays ,
Energy Projects ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Judgment on the Merits ,
Louisiana et al v American Rivers et al ,
Pipelines ,
SCOTUS ,
Section 401 ,
Stays ,
Trump Administration
The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more
9/24/2021
/ Clean Water Act ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Hazardous Substances ,
NPDES ,
Permits ,
Point Sources ,
SCOTUS ,
Wastewater