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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

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.

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

E2 Law Blog

The wetlands at issue are separated by a 30-foot road from an unnamed tributary that feeds into a non-navigable creek that feeds into Priest Lake, a navigable but wholly intrastate water body. 715 (2006), and embraced ever since in a series of rulemakings and jurisdictional determinations by the EPA and the U.S. EPA , 598 U.S.

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With Friends Like These. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands

Acoel

The panel’s legal gymnastics to reach this conclusion could be the basis for an entire law school seminar. While this is true, the panel fails to mention that EPA has also told a District Court in the Ninth Circuit that the regulation should remain the law while EPA is doing its reconsidering. One thing seems certain.

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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 protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas. United States , 547 U.S.

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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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The Stream, January 26, 2022: U.S. Supreme Court Will Consider Limiting Wetlands Legislation

Circle of Blue

Supreme Court will hear a case that may narrow the scope of a landmark environmental law. Supreme Court agreed to consider limiting the scope of the Clean Water Act. In 2006, the Court defined a wetland as any body of water which has a “significant nexus” to a waterway. On Monday, the U.S.

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Fifth Circuit Vacates $6 Million Clean Water Act Penalty

The Energy Law Blog

By Greg Johnson and Stephen Wiegand In a July 17, 2013 decision, the United States Court of Appeals for the Fifth Circuit vacated a $6 million dollar penalty levied under the Clean Water Act (“CWA”) against CITGO Petroleum Corporation (“CITGO”) and remanded the matter to the Western District of Louisiana for further consideration.