Remove test
article thumbnail

Backwards, forwards, square, and round. The battle over the reach of the Federal Clean Water Act continues.

Acoel

Beck wasn’t writing about the decades long war over the jurisdictional reach of the Federal Clean Water Act but the shoe certainly fits. The battle over the reach of the Federal Clean Water Act continues. So we can look forward to litigation over EPA’s new rule later this winter.

article thumbnail

Navy Agrees to Comply with Clean Water Act for Munitions Testing on Potomac

NRDC

Federal Court in Maryland Approves Settlement in Lawsuit Brought by Potomac Riverkeeper Network and NRDC

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Maui’s “Functional Equivalent” Test: Courts Are Still Feeling Their Way

Law and Environment

Earlier this month, the 9 th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui. In Corona Clay , the defendant had conceded that its discharge ultimately reached surface water.

article thumbnail

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. In so holding, the majority expressly rejects the “significant nexus” test espoused by Justice Kennedy in his concurring opinion in Rapanos v.

article thumbnail

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

MGKF Law

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. 715, 754 (2006). See 88 Fed.

article thumbnail

Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

Acoel

The Supreme Court is stepping once more into Clean Water Actwaters of the United States,” more popularly known as WOTUS. If you’re a Clean Water Act wonk, there may be a little voice in the back of your head yelling, “Theeeey’re baaack!”

article thumbnail

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

Acoel

EPA ordered them to halt that construction and remove fill they had placed on the lot based on the Agency’s conclusion that the lot was a wetland within the jurisdiction of the federal Clean Water Act and the Sacketts did not have the permit necessary to fill it. The post With Friends Like These.