News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Act Certiorari

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

Sullivan & Worcester on

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

Troutman Pepper on

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?

Venable LLP on

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

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

Lewis Roca on

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...

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

Bricker Graydon LLP on

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

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

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

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? National Association of Clean Water Agencies and the...

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

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

Perkins Coie

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

Perkins Coie on

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

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

Latham & Watkins LLP on

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

Williams Mullen

Environmental Notes - March 2016

Williams Mullen on

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

Williams Mullen on

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

Seyfarth Shaw LLP

Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial...

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By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co.,...more

Farella Braun + Martel LLP

U.S. Supreme Court Agrees to Decide Important Case Affecting Development in Wetlands

A critical part of the permitting process for many development projects is obtaining federal and state wetland permits. The key wetland authorization is usually a Section 404 permit from the U.S. Army Corps of Engineers...more

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