Remove 2006 Remove 2023 Remove Clean Water Act Remove Law
article thumbnail

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”).

article thumbnail

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.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute

The Energy Law Blog

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.

article thumbnail

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).

article thumbnail

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).

article thumbnail

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

Acoel

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.

article thumbnail

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.

2016 364