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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

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”).

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

E2 Law Blog

A few months later, the Environmental Protection Agency (EPA) notified the Sacketts that their property contained wetlands and ordered the couple to restore the site or face penalties of up to $40,000 a day. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v.

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

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).

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

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).

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Federal Water Tap, December 5: For Tribes, White House Promises Climate Relocation Funding, Water Pollution Standards

Circle of Blue

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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Is Agrochemical Contamination Killing Nebraska’s Children?

Circle of Blue

In the United States, excess nutrients build up in waterways from Lake Erie to the Gulf of Mexico, precipitating algae outbreaks that kill fish, close public drinking water utilities, and pollute water. Sydnee Owens, who contracted non-Hodgkin’s lymphoma in 2006, died six year later at age 14. He was 19 when he died. If the U.S.

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Federal Water Tap, October 3: Supreme Court Hears Key Clean Water Act Case

Circle of Blue

Supreme Court begins its October term today with a wetlands lawsuit that could redefine the Clean Water Act. Tribes tell the Bureau of Reclamation to prioritize long-term infrastructure solutions for the $4 billion in Inflation Reduction Act funds for western drought response. No Deal in Rio Grande Water Dispute.