While EPA's and Army's 2023 rule defining "waters of the United States" was not directly before the Supreme Court, the decision in Sackett made clear that certain aspects of the 2023 rule are invalid. The amend
Duke K. McCall, IIIAdam J. AdlerDouglas A. Hastings
President Biden criticized the Supreme Court's decision as "disappointing" and pledged to work with the Justice Department and relevant federal agencies to use their legal authority to protect the nation's waters. Mr. Biden said the ruling puts wetlands and connecting bodies of water at risk of ...
The Supreme Court Provides Clarity and Contraction on Regulation of Waters of the United StatesFor the first time in modern history, the scope of federal regulation of wetlands and waters is strikingly clear . . . and narrow. In Sackett v. EPA, the U.S. Supreme Court drew the brightest an...
S waters. This Court's cases, particularly Benz and McCulloch, do hold, in some cir- cumstances, that a general statute will not apply to certain aspects of the internal operations of foreign vessels temporarily in U. S. waters, absent a clear statement. The broad clear statement rule ...
The court will consider what test courts should use to determine what constitutes "waters of the United States" under the landmark 1972 Clean Water Act, the answer to which determines whether the property is subject to regulation, requiring owners to obtain permits in order to carry...
Court of Appeals for the Ninth Circuit, Opinion, July 31, 2023 ... App. 1 United States Environmental Protection Agency, Region IX, Notice of Final Permit Decision, December 12, 2022 ... App. 77 United States Environmental Protection Agency, Region IX, and California Regional Water Quality C...
formerly known as Twitter, was at the center of a lawsuit brought against Donald Trump in 2017, when he was president. Afederal appeals court foundthat Trump violated the First Amendment when he blocked online critics of his policies, and heasked the Supreme Courtto review the decision in ...
Under the 2020 Rule, states and tribes must make certification decisions based on specific discharges from a proposed activity, rather than the water quality effects of the activity as a whole. DISTRICT COURT DECISION The 2020 Rule was quickly challenged in US District Courts ...
The Supreme Court has made it harder for environmental regulators to limit water pollution, ruling for San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains.