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Supreme Court of the United States › Clean Water Act › Appeals

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Mintz

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

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As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing the 2022 SCOTUS Term

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In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more

Mintz

We already knew many Federal Judges weren't deferring to EPA, now the 10th Circuit Court of Appeals isn't deferring to Judges...

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Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...more

Mintz

This never-ending NIMBY challenge to the Vineyard Wind project illustrates that we may be winning renewable energy battles but...

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Over two years ago I wrote about a lawsuit filed by a Connecticut-based solar farm developer with a summer home in Martha's Vineyard seeking to enjoin the Vineyard Wind project off the Massachusetts coast. This particular...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Dorsey & Whitney LLP

The Supreme Court Update - May 25, 2023

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Today, the Supreme Court of the United States issued three decisions: Tyler v. Hennepin County, No. 22-166: This case involved the Fifth Amendment’s “Takings Clause” in the context of seizing property to collect unpaid...more

Mintz

EPA's Waters of the United States regulation is now the law in only 23 of our 50 United States as all eyes turn to the Supreme...

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Three Judges of the Sixth Circuit Court of Appeals have joined Judges in North Dakota and Texas in concluding that EPA's most recent attempt to establish the jurisdictional reach of the Clean Water Act is unlikely to survive...more

Mintz

Waters of the United States and Winston Churchill

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Sir Winston Churchill famously said "those that fail to learn from history are doomed to repeat it.” Of course he didn't have the nearly four decade long controversy over the reach of the Federal Clean Water Act in mind but...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

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This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Mintz

Instead of criticizing House Republicans for trying to legislatively determine the reach of the Clean Water Act, House Democrats...

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Inside EPA reports that some House Democrats are criticizing their Republican colleagues for attempting to repeal EPA's eighth attempt to determine the reach of the Federal Clean Water Act by regulation. Like recent rules by...more

Mintz

This is no way to run a railroad or make environmental law. EPA's most recent definition of Waters of the United States heads to...

Mintz on

Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit that I was a bit surprised that two groups of plaintiffs filed their lengthy complaints...more

Mintz

The Supreme Court is shrinking its deferential strike zone and the reach of key environmental laws will almost certainly shrink as...

Mintz on

Regardless of your perspective on the respective roles of Congress, the President and the Courts in creating federal environmental law, an essay by Sam Sankar of EarthJustice is well worth your time. ...more

Adams and Reese LLP

U.S. Supreme Court Reinstates Environmental Regulation Related to the States’ Enforcement Rights Under the Federal Clean Water Act

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SCOTUS Shadow Docket Reinstates Trump-Era Clean Water Act Rule - In a 5-4 decision, the United States Supreme Court reinstated a Trump-era environmental regulation related to the States’ enforcement rights under the federal...more

Mintz

The Supreme Court surprised many observers with this Clean Water Act decision but it may not mean what some observers think it...

Mintz on

Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more

Williams Mullen

Sackett II Wetland Case Brewing Even As “Waters of the United States” Definition Simmers

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On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more

Mintz

Just when you thought the Waters of the United States saga couldn't get any stranger

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Lara Beaven of Inside EPA reports on the standoff between the State of Florida and the United States Environmental Protection Agency over the "current definition" of Waters of the United States for the purpose of determining...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

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Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

Mintz

EPA Seeks to Avoid Second Trip to the Supreme Court with the Sacketts

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The Sacketts of Idaho want the Supreme Court of the United States to intervene on their behalf for a second time. Now, just weeks before the ten year anniversary of the Sackett's first successful trip to the Supreme Court,...more

Mintz

Another Ninth Circuit Clean Water Act Decision Promises More Litigation

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Yesterday a split three-judge panel of the Ninth Circuit Court of Appeals determined that a clay manufacturer is entitled to a new trial of Federal Clean Water Act claims against it because the District Court had instructed...more

Mintz

Just Add Water (Part 4) or With friends like this . . .

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Yesterday, the Sacketts of Idaho were handed their most recent litigation defeat by a three judge panel of the Ninth Circuit Court of Appeals. In ruling against the Sacketts the panel held that Justice Kennedy's 2006...more

Smith Gambrell Russell

Supreme Court Reverses D.C. Circuit on Superfund Cost Recovery Statute of Limitations

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The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up...more

Flaster Greenberg PC

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

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The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Smith Gambrell Russell

U.S. Supreme Court to Review Application of Statute of Limitation in Superfund Cost Recovery Case

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The U.S. Supreme Court is set to issue a decision in a Superfund cost recovery case which could provide clarity on whether non-Superfund settlements can start the clock on Superfund’s contribution claims’ statute of...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Morgan Lewis

EPA Narrowly Defines Discharges into Groundwater that Are Subject to Clean Water Act Permitting

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Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis to determine when National Pollutant Discharge...more

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