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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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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!” United States. 3d —, 2022 WL 952072, at *2 (D.

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.

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SCOTUS’s DECISION IN SACKETT V. EPA ENDS “SIGNIFICANT NEXUS” TEST

Acoel

While the justices were not all in agreement with the new test set forth in the majority decision in Sackett , none supported the “significant nexus” test suggested by Kennedy in Rapanos as being authorized by the Clean Water Act (CWA), and all concurred in the judgment. 159 (2001). Army Corps of Engineers, 531 U.S.

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Trump’s Wall: Adios to Environmental Law?

Vermont Law

With President Donald Trump in the White House, his administration has taken measures to ensure that the construction of the wall is not sidetracked by environmental laws and regulations. It includes NEPA, the Clean Water Act, the Endangered Species Act, and CERCLA, to name but a few. appeared first on.

Law 52
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Maryland Adopts 42 New Environmental Laws in 2021

Greenbuilding Law

The new laws compiled below add to that already very green environmental regulatory scheme. Savvy players in the environmental industrial complex and associated industries will find business opportunities to lead and profit in environmental matters, including opportunities advantaged by these newly enacted laws. to 100%.

Law 52
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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.