News & Analysis as of

Supreme Court of the United States Clean Water Act Clean Water Rule

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 -
Foley Hoag LLP - Environmental Law

Woe is WOTUS

When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the “give me a break” doctrine of statutory interpretation over...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

Morgan Lewis

Proposed Waters of the United States Rule Would Limit Clean Water Act’s Reach

Morgan Lewis on

The US Environmental Protection Agency and the Army Corps of Engineers’ joint proposed definition of “waters of the United States” would eliminate the regulation of waters with a “significant nexus” to certain other covered...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Sheppard Mullin Richter & Hampton LLP

Corps and EPA Push Out Effective Date of Disputed Clean Water Rule

The U.S. Army Corps of Engineers and the Environmental Protection Agency published a rule postponing the effective date of the Clean Water Rule for two years, until February 6, 2020....more

Dorsey & Whitney LLP

SCOTUS Rules Clean Water Rule Challenges Belong in District Court

Dorsey & Whitney LLP on

The Supreme Court held unanimously Monday that challenges to the Obama Administration’s 2015 “Clean Water Rule,” which defined “waters of the United States” (“WOTUS”) subject to regulation under the Clean Water Act (“Act”),...more

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

Snell & Wilmer on

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

Sheppard Mullin Richter & Hampton LLP

Bill to Nullify Clean Water Rule Vetoed

On January 19, 2016, President Obama vetoed legislation that, if approved, would have nullified the Clean Water Rule. The controversial rule, which redefines which water bodies qualify as “waters of the United States” under...more

Best Best & Krieger LLP

Sixth Circuit Issues Nationwide Stay of EPA Waters of the United States Regulation

Best Best & Krieger LLP on

The Stay Follows A Preliminary Injunction Issued Against the Clean Water Rule in August - In an unexpected move and while still deciding if it has jurisdiction to hear the matter, the Sixth Circuit Court of Appeals today...more

Allen Matkins

Nationwide Stay of EPA/Army Corps "Waters of the U.S." Rule Issued By Sixth Circuit Court of Appeals

Allen Matkins on

The Sixth Circuit Court of Appeals today issued a nationwide temporary stay of the Clean Water Rule, which was jointly adopted earlier this year by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers...more

Williams Mullen

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

Williams Mullen on

The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more

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