News & Analysis as of September 20, 2024

Federal Jurisdiction

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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 -

EPA narrows “Waters of the United States” definition following Sackett ruling

Jenner & Block on 9/14/2023

The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more

EPA and Army Corps Amend Clean Water Act’s “Waters of the United States” Rule

Nutter McClennen & Fish LLP on 9/1/2023

On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised...more

Here We WOTUS Again

Brownstein Hyatt Farber Schreck on 9/1/2023

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

Regulatory Changes: Massachusetts Wetlands Permitting

Goulston & Storrs PC on 6/29/2023

The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

Nossaman LLP on 6/29/2023

On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

Akerman LLP on 6/26/2023

Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

Virginia State Water Control Law Reigns Supreme for Protection of Wetlands in the Commonwealth

Woods Rogers on 6/23/2023

On May 25, the Supreme Court of the United States significantly narrowed the scope of wetlands protected by the Clean Water Act (CWA or Act). The Court held that only wetlands indistinguishable from Waters of the United...more

U.S. Supreme Court Limits Federal Jurisdiction Over Wetlands

Nossaman LLP on 6/15/2023

In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters....more

What’s Next Following the Supreme Court’s Decision in Sackett v. EPA?

Latham & Watkins LLP on 6/15/2023

The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance. On May 25, 2023, by a narrow 5-4 majority, the US Supreme...more

Supreme Court Rules for the Sacketts: The “Significant Nexus” Test is Dead – Long Live “Adjacent Wetlands”

Robinson+Cole Environmental Law + on 6/14/2023

On May 25, 2023, after more than 15 years of fighting, a couple contesting the Environmental Protection Agency’s assertion of jurisdiction over their residential lot as “waters of the United States” (WOTUS) under the Clean...more

Wetlands and WOTUS: Implications of Sackett v. EPA

WilmerHale on 6/8/2023

On May 25, 2023, the United States Supreme Court held that the term “waters of the United States” (“WOTUS”)—as used in the federal Clean Water Act (“CWA”), 33 U.S.C. § 1362(7)—means “streams, oceans, rivers, and lakes” and...more

Marsh Madness: SCOTUS Narrows Wetlands Subject to Clean Water Act in Favor of Regulated Industry and Real Estate Developers

BCLP on 6/6/2023

On May 25, 2023, the United States Supreme Court issued its long-awaited opinion in Sackett v. U.S. Environmental Protection Agency, diving back into a decades-long debate over the definition of “waters of the United States”...more

The United States Supreme Court’s Decision in Sackett v. EPA Narrows the Jurisdictional Scope of Wetlands Protected Under the...

Lowndes on 6/5/2023

After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more

U.S. Supreme Court Limits Extent of Federal Authority Over Wetlands

Schwabe, Williamson & Wyatt PC on 6/2/2023

Following years of administrative rulemaking and litigation, the U.S. Supreme Court published a much-anticipated decision interpreting what is a water of the United States (WOTUS) under the Clean Water Act (CWA). On May 25,...more

Supreme Court Narrows Scope of Clean Water Act in Landmark Sackett Case

Jenner & Block on 6/2/2023

The U.S. Supreme Court has issued its opinion in the landmark Clean Water Act (“CWA”) case of Sackett v. EPA, No. 21-454 (May 25, 2023). This decision delivers a significant change in terms of the reach and jurisdiction of...more

US Supreme Court Narrows Wetlands Jurisdiction Under Clean Water Act

Jackson Walker on 6/2/2023

On May 25, the U.S. Supreme Court issued its decision in Sackett v. EPA which substantially narrows the reach of Section 301(a) of the Clean Water Act (CWA), a provision that prohibits certain discharges of pollutants to...more

Wetlands No More? U.S. Supreme Court Limits Federal Regulation of Wetlands in Sackett v. EPA Decision

Foley & Lardner LLP on 6/2/2023

On May 25, 2023, the Supreme Court issued a decision in Sackett v. EPA,effectively narrowing the scope of federally protected wetlands to which the Clean Water Act (CWA) applies. The CWA provides the U.S. Army Corp of...more

Supreme Court Narrows EPA’s Authority to Protect Wetlands under Clean Water Act

Greenberg Glusker LLP on 6/2/2023

In a highly anticipated and consequential decision, the U.S. Supreme Court stripped the Environmental Protection Agency’s (EPA) authority to regulate an estimated half of the nation’s wetlands under the Clean Water Act (CWA)....more

CWA Alert: Supreme Court Unanimously Rejects Executive Agencies’ Interpretation of the Clean Water Act

Goldberg Segalla on 6/2/2023

The U.S. Supreme Court’s recent decision in Sackett v. Environmental Protection Agency continues its trend of limiting executive agencies, such as EPA, from expanding their authority when faced with statutory ambiguity —...more

SCOTUS: Landmark Case Defines Clean Water Act Jurisdiction

McGlinchey Stafford on 6/2/2023

On May 25, 2023, the United States Supreme Court significantly curtailed the federal government’s authority to regulate wetlands under the Clean Water Act (CWA) in a 9 to 0 decision. The Court held that the Clean Water Act...more

U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling

Quarles & Brady LLP on 6/1/2023

In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as...more

Supreme Court Ends Protection for Most Wetlands In The U.S.—But Not In California

Mintz on 6/1/2023

The Supreme Court ends protection for most wetlands in the United States... In a sweeping decision, the Supreme Court last week eliminated federal protection for more than half the wetlands in the United States. (Sackett...more

Sackett V. EPA: The U. S. Supreme Court Decides the EPA’s Definition of Wetlands Went Too Far, With A Broader Impact On EPA’s...

Maron Marvel on 6/1/2023

On May 25, 2023, the U.S. Supreme Court issued an opinion in the case of Sackett v. U.S. Environmental Protection Agency regarding the scope of regulatory powers applicable to wetlands and issued a more clear definition of...more

At least two Supreme Court Justices think there's a limit to Congress's ability to fix the Clean Water Act

Mintz on 6/1/2023

Five Justices of our nation's highest court have now provided a definition of "Waters of the United States" that will be binding on the Executive and Judicial Branches at least until Congress says otherwise. As Justice...more

Sackett Decision Provides Clarity, Substantially Restricts Clean Water Act Jurisdiction Scope

Holland & Knight LLP on 6/1/2023

The U.S. Supreme Court on May 25, 2023, issued its opinion in Sackett v. Environmental Protection Agency, 598 U.S. ____ (2023). The opinion addresses the definition of "Waters of the United States" (WOTUS) pursuant to the...more

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Supreme Court of the United States › Clean Water Act › Federal Jurisdiction

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