News & Analysis as of

Discharge of Pollutants Federal Jurisdiction Environmental Policies

Akerman LLP

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

Akerman LLP on

Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

Jenner & Block

WOTUS to Get The SCOTUS Treatment, Again

Jenner & Block on

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

Robinson+Cole Manufacturing Law Blog

Federal Court Strikes Down Trump Administration Clean Water Rule

On August 30, 2021, a federal court in Arizona struck down the Trump WOTUS rule, citing the serious errors in enacting the rule, as well as the serious environmental harm that it has caused....more

Burr & Forman

SCOTUS Will Decide Scope of Clean Water Act Jurisdiction

Burr & Forman on

On February 19, 2019, the Supreme Court of the United States issued an order granting review of the Ninth Circuit’s decision in County of Maui v. Hawaii Wildlife Fund, setting the stage for a landmark decision on Clean Water...more

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