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

E2 Law Blog

The Sacketts challenged the order, claiming that the wetlands are not jurisdictional “waters of the United States” within the meaning of the federal Clean Water Act, 33 U.S.C. §§ 1251-1389 (CWA). Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v.

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Wetlands Protection Update

Smith Enviorment

Supreme Court decision reducing federal Clean Water Act (CWA) jurisdiction over streams and wetlands. See State Law: Removing Wetlands from “Waters of the State”.) Army Corps of Engineers defining Clean Water Act jurisdiction over streams and wetlands. October 30, 2023. EPA and the U.S.

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Pipeline Decisions Do Not Spell Doom for Transmission

Law Columbia

Transmission lines are, like generation facilities, often held up by litigation. Under Section 404 of the Clean Water Act, any party seeking to construct a project that will discharge dredged or fill material into waters within the Corps’ jurisdiction must obtain a permit. The following day the U.S.

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Trump Administration Redefines Federally Protected Waters

Ohio Environmental Law

On January 23rd, the Trump Administration released the final version of the rule which defines which waters are protected under the Clean Water Act. The new rule is called the Navigable Waters Protection. It replaces the prior Obama Administration rule referred to as WOTUS- “Waters of the United States.”

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March 2018 Updates to the Climate Case Charts

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. In re: Border Infrastructure Environmental Litigation , No. and non-U.S. The planned pipeline is to be 162.5

2018 40
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The Chemical Compound—August 2021

Arnold Porter

This quarterly newsletter provides essential updates on litigation, regulatory, legislative, and other notable developments involving chemicals of concern to business. Our primary focus continues to be on chemical substances which are the subject of regulatory activity or scrutiny by various government agencies and potential litigants.

2021 52
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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.” Obama Administration issues Waters of the United States (WOTUS rule), which ignites a major political dispute and becomes mired in litigation.