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U.S. Supreme Court limits federal jurisdiction of the Clean Water Act

Vorys Law

In a highly anticipated opinion, the United States Supreme Court narrowed the scope of waters and wetlands considered to be "waters of the United States" ("WOTUS") and, therefore, subject to jurisdiction under the Clean Water Act. In Sackett v. 2023) ( citing Rapanos v.

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More on the Clean Water Act at 50

Environment, Law, and History

Legal Planet's Richard Frank posted today on the US Clean Water Act's 50th birthday. Nevertheless, and with the possible exception of the Clean Air Act, no law enacted as part of the outpouring of federal environmental legislation in the 1970’s has proven more successful and transformational than the CWA.

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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. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. EPA , 598 U.S. at (slip op.

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

Law and Environment

715 (2006), which interpreted covered “waters” in the CWA to include “only those relatively permanent, standing or continuously flowing bodies of water forming geographical features that are described in ordinary parlance as streams, oceans, rivers, and lakes.” United States , 547 U.S.

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Fresh, May 16, 2023: New Wisconsin Law Aims to Protect Watersheds From Farm Runoff

Circle of Blue

Christian Thorsberg, Interim Fresh Editor This Week’s Watersheds A new law in Wisconsin will fund more sustainable, watershed friendly farming methods. 2023 Wisconsin Act 5 Is Signed Into Law A new law which incentivizes sustainable farming practices was signed into law last week by Wisconsin Gov.

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Supreme Court Granted Certiorari to a Clean Water Act Case: Hawai‘i Wildlife Fund v. County of Maui

Vermont Law

The treated wastewater effluent that the County of Maui was injecting into its wells was making its way through the groundwater and into the ocean. The court held that the county had violated the CWA by indirectly discharging into the ocean without a NPDES permit. Vermont Journal of Environmental Law. County of Maui, Hawaii v.

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Removing Carbon Dioxide Through Ocean Alkalinity Enhancement: Legal Challenges and Opportunities

Law Columbia

Ocean alkalinity enhancement (OAE) is one of several proposed techniques for removing carbon dioxide from the atmosphere and storing it in the oceans. OAE seeks to counteract ocean acidification, while also increasing carbon storage in the oceans. By Romany M. Webb and Korey Silverman-Roati.