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Clean Water Act › Certiorari

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Downey Brand LLP

Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands...

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Last week, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal...more

Sullivan & Worcester

Oral Argument in WOTUS at SCOTUS Does Not Provide Anticipated Clarity on Case’s Likely Outcome

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The Supreme Court held oral arguments in the case of Sackett v. Environmental Protection Agency on October 3, 2022. The case, which we discussed prior to the oral arguments...more

Troutman Pepper

Reflections on Sackett - Reflections on Water Podcast

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Dave Ross and Anna Wildeman provide high-level reactions to the Supreme Court's oral arguments in the Sackett v. EPA case, the latest legal battle in a long-running dispute over the meaning of the phrase "waters of the United...more

Sullivan & Worcester

SCOTUS to Consider Meaning of WOTUS in Upcoming Term

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In its upcoming term, the US Supreme Court will once again consider the definition of “waters of the United States” (WOTUS), a key term in the Clean Water Act (CWA), and its application to wetlands. The case, Sackett v....more

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

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On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more

Manatt, Phelps & Phillips, LLP

Just as EPA Was Fixing Wetlands Rules, Along Come the Sacketts . . . Again

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The Idaho family that upended the Obama administration’s wetlands regime in the Supreme Court is back, much to the dismay of the Biden administration. On Monday, the Supreme Court issued a surprise order agreeing to review,...more

Lewis Roca

Supreme Court Takes Up Clean Water Act Case, May Settle ‘WOTUS’ Definition

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On January 24th, the U.S. Supreme Court granted Certiorari in Sackett, Michael, et ux. v. EPA, et al. on the limited question of “[w]hether the Ninth Circuit set forth the proper test for determining whether wetlands are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Supreme Court Grants Certiorari in Sackett v. U.S. Environmental Protection...

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The United States Supreme Court (“SCT”) issued an order on January 24th granting a petition for a writ of certiorari to address the following question: Whether the Ninth Circuit set forth the proper test for determining...more

Bricker Graydon LLP

U.S. Supreme Court accepts WOTUS jurisdictional question

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On January 24, 2022, the U.S. Supreme Court granted a petition for a writ of certiorari in Sackett v. EPA (case no. 21-454) regarding the question,“[w]hether the Ninth Circuit set forth the proper test for determining whether...more

Jenner & Block

WOTUS to Get The SCOTUS Treatment, Again

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On January 24, 2022, the U.S. Supreme Court agreed to hear a case on the scope and authority of the Clean Water Act (“CWA”). The Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency,...more

Perkins Coie

Supreme Court Revives Clean Water Act General Permit for Pipeline and Utility Line Projects

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The U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits in U.S. Army Corps of Eng’rs v. Northern Plains...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? U.S. Supreme Court Decides Maui Case

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The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: SCOTUSblog Post Discusses U.S. Supreme Court Argument

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Georgetown University Law Professor Lisa Heinzerling discusses the recent oral argument in County of Maui, Hawaii v. Hawaii Wildlife Fund in a November 7th SCOTUSblog post. The United States Supreme Court had previously...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? National Association of Clean Water Agencies and the...

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The National Association of Clean Water Agencies and the WateReuse Association (collectively “NACWA”) submitted June 7th comments to the United States Environmental Protection Agency (“EPA”) on its: Interpretive Statement...more

Husch Blackwell LLP

CWA Series: SCOTUS Agrees To Grant Certiorari On Indirect Discharge Question

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Under the CWA, the discharge of pollutants, meaning the “addition of any pollutant to navigable waters from any point source,” without a permit is prohibited. Previously, we reported on the circuit split (Part 1) between the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

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The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

King & Spalding

Supreme Court and EPA to Address Broad Expansion of Clean Water Act Liability by Lower Courts

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The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Supreme Court Grants Certiorari Addressing Maui Case

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The United States Supreme Court granted a Petition for writ of certiorari in the 9th Circuit Decision Hawaii Wildlife Fund v. County of Maui, ____F. 3d____ (9th Cir., February 1, 2018). The case involves whether, and to...more

Perkins Coie

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

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The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

Dorsey & Whitney LLP

The Supreme Court - January 23, 2018

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The Supreme Court of the United States issued three decisions yesterday: National Assn. of Mfrs. v. Department of Defense, No. 16-299: In 2015, the Environmental Protection Agency (EPA) and the Army Corps of Engineers...more

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

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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

Latham & Watkins LLP

Supreme Court Grants Certiorari in Clean Water Rule Case Jurisdictional Challenge

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On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule). The federal Clean...more

Dorsey & Whitney LLP

The Supreme Court - May 2016 #4

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The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

Williams Mullen

Environmental Notes - March 2016

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U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Williams Mullen

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed

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The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a particular site by issuing a “jurisdictional determination” (JD). A JD is of great significance to...more

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