EPA and USACE issue new final WOTUS rule

September 7, 2023

On Aug. 29, 2023, EPA and the U.S. Army Corps of Engineers (USACE) announced a new final rule amending the 2023 definition of Waters of the United States (WOTUS). The new rule constitutes the agencies’ effort …

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Sackett v. EPA: What to know

June 15, 2023

The Supreme Court’s Sackett decision will change how the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) have sought to implement the Clean Water Act (CWA). The Court’s rule explicitly directs agencies to …

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SCOTUS strikes down WOTUS significant nexus test; Sackett decision issued

May 25, 2023

The Supreme Court issued its long-awaited decision on the Sackett v. EPA case today, unanimously rejecting the use of the significant nexus test to determine Clean Water Act (CWA) jurisdiction. The Sacketts of Idaho asked the Supreme Court to …

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Congress rejects the Biden WOTUS Rule, veto expected

April 6, 2023

A bipartisan 53-43 majority of the U.S. Senate voted on March 29 to join the House in rejecting the Biden Administration’s Waters of the U.S. (WOTUS) rule. This vote on a joint resolution of disapproval …

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Where is SCOTUS going on WOTUS?

October 20, 2022

The Supreme Court of the U.S. (SCOTUS) had difficult questions for the plaintiffs and EPA on October 3 during oral arguments on a closely watched case defining what water features are Waters of the United …

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