Supreme Court Hears Clean Water Act Enforcement CaseMichael D. Daneker
After decades of dispute, the Supreme Court’s decision inSackett v. EPAnow provides a clear, uniform interpretation of the phrase “waters of the United States” in the federal Clean Water Act. The significant effect of this decision will be to confirm limits on the kinds of wetlands ...
U.S. Supreme Court Holds that Clean Water Act Administrative Compliance Order can be Challenged in CourtMary E. Wall
Around half of all wetlands in the contiguous US will now lose their protections under the Clean Water Act, exposing them to pollution and development
The Supreme Court of the United States issued its decision in Sackett v. EPA. SCOTUS reversed the lower court and ruled for the Sacketts, concluding that wetlands on
The US Supreme Court issued an order on April 6 staying the district court vacatur of the US Environmental Protection Agency’s 2020 Clean Water Act Section 401 Certification Rule, which imposed restrictions on state and tribal authority to deny permits under Section 401 of ...
The Supreme Court has struck a blow against the Environmental Protection Agency (EPA) by curtailing the sweeping powers of the agency that it had claimed under the Clean Water Act. The nation’s highest court has reigned in the EPA’s alleged authority to oversee water pollution, stating tha...
The Supreme Court has sharply limited the federal government’s authority to police water pollution into certain wetlands. It’s the second decision in as many years in which a conservative majority narrowed the reach of environmental regulations. The ou
With a 6-3 conservative majority, the high court has been skeptical of federal regulatory power, particularly when it comes to environmental rules. The Supreme Court has ruled against the EPA in recent years in two cases involving the Clean Water Act and Clean Air Act. ...
Clean Water ActPluralityInterpretationStatutory ConstructionUniformityPlurality decisions from the U.S. Supreme Court demand interpretation, especially because they tend to occur when the Court faces important but divisive legal issues. Most courts, agencies, and scholars have assumed that federal agencies ...