Remove 2006 Remove Clean Water Act Remove Environmental Protection Remove Regulations
article thumbnail

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. 715 (2006), and embraced ever since in a series of rulemakings and jurisdictional determinations by the EPA and the U.S.

article thumbnail

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

MGKF Law

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”). United States, 547 U.S. See 88 Fed.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws

Law and Environment

Environmental Protection Agency , which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protectedwaters of the United States” and the federal permitting requirements for development projects in covered wetlands areas. United States , 547 U.S.

Law 130
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

You Cannot Just Read the Regulations to Understand Stormwater Permitting for Oil and Gas Activities!

The Energy Law Blog

Holden EPA’s most recent NPDES regulations for stormwater permitting of oil and gas facilities were vacated by the Ninth Circuit in 2008 and new regulations have not been promulgated. The 1987 amendments to the Clean Water Act (“CWA”) added language creating a permitting exemption for uncontaminated runoff from Oil and Gas operations.

article thumbnail

EPA and Army Corps of Engineers Propose Significant Revisions to Definition of “Waters of the United States”

The Energy Law Blog

On March 25, 2014, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) jointly released a proposed rule purporting to clarify the scope of the “waters of the United States” protected under the Clean Water Act. In the current regulation at 40 C.F.R.