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The Long Life and Sudden Demise of Federal Wetlands Protection

Legal Planet

1972 , Congress passes the Clean Water Act, which requires a federal permit for filling or dredging in “navigable waters,” defined as the “waters of the United States.” Five Justices (four dissenters plus Justiice Kennedy) support the “significant nexus” test, which the lower courts generally view as binding law.

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Wetlands, the Clean Water Act & the Supreme Court: the Sacketts Return to Washington

Legal Planet

21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. Earlier this month, Legal Planet colleague Dan Farber wrote a typically-thoughtful post on this site aptly titled, “The Quagmire of Clean Water Act Jurisdiction.” USEPA , No.

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The Supreme Court Ruled Against Wetlands in 2023. We Can Still Save Them.

Union of Concerned Scientists

2023 was a rough year for clean water. The Supreme Court took a hammer to the Clean Water Act with its decision in Sackett v. The Sackett decision was a tremendous loss for everyone who depends on clean water—that is, for all of us. In response, 27 states sued , and the rule was put on hold.

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U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of the Clean Water Act

The Energy Law Blog

21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. 715, 739 (2006). [3] Supreme Court decision in Sackett v.

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U.S. Supreme Court Narrows the Scope of the Clean Water Act by Limiting EPA’s Jurisdiction over Wetlands

MGKF Law

715, 754 (2006). While the 9-0 decision was unanimous in judgment by holding that the Sacketts’ wetland was not subject to federal jurisdiction, the court was sharply divided as to the test to determine when an adjacent wetland qualifies as a Water of the United States (or “WOTUS”). United States, 547 U.S. See 88 Fed.

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Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

E2 Law Blog

The wetlands at issue are separated by a 30-foot road from an unnamed tributary that feeds into a non-navigable creek that feeds into Priest Lake, a navigable but wholly intrastate water body. 715 (2006), and embraced ever since in a series of rulemakings and jurisdictional determinations by the EPA and the U.S. EPA , 598 U.S.

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With Friends Like These. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands

Acoel

The panel’s legal gymnastics to reach this conclusion could be the basis for an entire law school seminar. While this is true, the panel fails to mention that EPA has also told a District Court in the Ninth Circuit that the regulation should remain the law while EPA is doing its reconsidering. One thing seems certain.