E2 Law Blog
MAY 26, 2023
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.
MGKF Law
MAY 29, 2023
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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Acoel
AUGUST 19, 2021
EPA ordered them to halt that construction and remove fill they had placed on the lot based on the Agency’s conclusion that the lot was a wetland within the jurisdiction of the federal Clean Water Act and the Sacketts did not have the permit necessary to fill it. The post With Friends Like These.
Environment Next
AUGUST 31, 2021
District Court for the District of Arizona vacated a 2020 rulemaking that had pared back protections to certain bodies of water (see attached August 30, 2021 Opinion ). The 2020 rulemaking replaced a 2015 rule defining “waters of the United States” more broadly under the Clean Water Act. 715 (2006).
Law and Environment
MAY 31, 2023
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.
Circle of Blue
JANUARY 26, 2022
Supreme Court agreed to consider limiting the scope of the Clean Water Act. Litigants are pushing for the Court to adopt a narrower definition of the term “wetland,” a move which would exempt certain waterways from regulation under the 1972 environmental law. On Monday, the U.S.
Ohio Environmental Law
SEPTEMBER 4, 2023
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). EPA issued the rule to conform its regulations to the ruling of the U.S.
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