MGKF Law
MAY 29, 2023
EPA , 2023 WL 3632751 (U.S. 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”).
E2 Law Blog
MAY 26, 2023
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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Ohio Environmental Law
SEPTEMBER 4, 2023
On August 29, 2023, the United States Environmental Protection Agency (U.S. 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).
The Energy Law Blog
JANUARY 2, 2024
On December 18, 2023, the U.S. EPA decision redefining waters of the United States (“WOTUS”) to end a ten-year conflict between the U.S. Army Corp of Engineers (“USACE”) and a Louisiana landowner over the agency’s Clean Water Act (“CWA”) jurisdiction over the subject property. Supreme Court’s Sackett v.
Ohio Environmental Law
SEPTEMBER 4, 2023
On August 29, 2023, the United States Environmental Protection Agency (U.S. 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).
Acoel
JUNE 6, 2023
Posted on June 6, 2023 by Karen Aldridge Crawford This long-awaited decision by SCOTUS in favor of the Sacketts finally put to rest the debate over the “significant nexus” test which was derived from Justice Kennedy’s solo opinion in Rapanos v. 715 (2006) case many years ago. United States, 547 U.S.
Circle of Blue
DECEMBER 5, 2022
In conjunction with a White House summit, the Biden administration proposed strengthening water quality standards for rivers and lakes in order to preserve the ability of Indian tribes to fish, gather, and use their lands in ceremonies. This is the first time the EPA has set biofuels targets under the program that began in 2006.
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