Is the Clean Water Act Enforced Less Stringently in Battleground States?
A new study suggests political considerations may influence the enforcement of federal environmental law.
Clean Water Act
Reason Is a Finalist for 14 Southern California Journalism Awards
Nominated stories include journalism on messy nutrition research, pickleball, government theft, homelessness, and more.
Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?
Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?
Supreme Court Reins in EPA Overreach
Thanks to Sackett v. EPA, the feds can no longer treat a backyard puddle like it's a lake.
In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands
The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.
Federal Court Halts Biden Administration's Clean Water Overreach
Hopefully the Supreme Court will soon put a permanent stop to the EPA's Clean Water Act land grab.
Federal Agencies Keep Failing To Legally Interpret the Clean Water Act
The Biden administration is the third administration in a row to fail to issue Clean Water Act regulations that pass judicial scrutiny.
Can a Federal Court Vacate a Regulation Without First Concluding It Was Unlawful?
A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation.
The Supreme Court Case That Could Upend the Clean Water Act
If SCOTUS finds in favor of a small-town Idaho couple in Sackett v. EPA, it could end the federal government's jurisdiction over millions of acres of land.
Biden Administration Finalizes New WOTUS Definition for the New Year
The EPA and Army Corps have finalized a revised definition of "waters of the United States," which defines the scope of federal regulatory jurisdiction under the Clean Water Act.
The Sackett Oral Argument and the Problem of Defining "Waters of the United States"
The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.
Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?
Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.
Supreme Court Grants Certiorari to Clarify the Scope of Federal Regulatory Jurisdiction under the Clean Water Act
The Sacketts get a return trip to the Supreme Court.
EPA/Army Corps Propose to Formalize Waters of the United States Definition
Perhaps surprisingly, the Biden Administration is not pushing an expansive interpretation of federal regulatory jurisdiction under the Clean Water Act.
District Court Vacates Trump Administration "Waters" Rule, So What's Next for WOTUS?
The Army Corps and EPA were happy to have the Trump Administration rule remanded, as they are working on a more expansive replacement that will itself face legal challenge.
Environmental Protection Agency
Will Chantell and Michael Sackett Get Another Day in the Supreme Court?
The Sackett's' litigation with the Environmental Protection Agency has continued, and may provide the Court with a new opportunity to consider the scope of federal regulatory jurisdiction.
District Court Orders Remand-Without-Vacatur of Trump WOTUS Rule
The Trump Administration's Clean Water Act rule will remain in place while the Biden Administration works on a replacement.
Supreme Court's Muddled Clean Water Act Ruling Threatens Property Rights and the Trump Administration's Deregulation Efforts
Federal clean water regulations are a confusing mess for property owners. The Supreme Court just made things worse.
Supreme Court Upholds Broad Reading of Clean Water Act
Environmental groups were worried the Court would curtail CWA jurisdiction in Maui v. Hawaii Wildlife Fund. It didn't.
Trump Administration Repeals Federal Protections on Puddles, Dry Stream Beds, Some Ditches
Hysterical reactions greet the White House's modest changes to federal clean water rules.
Maui Mayor Won't Settle Clean Water Act Case
Efforts to take Maui v. Hawaii Wildlife Fund off the Supreme Court's docket hit a snag.
Another Court Invalidates 2015 WOTUS Rule
As we await the Trump Administration to finalize a new definition of "waters of the United States," federal courts continue to reject the Obama Administration's effort
Court Tosses 2015 WOTUS Rule
In redefining "waters of the United States," the Obama Administration failed to follow the Administrative Procedure Act.
Might Maui v. Hawaii Wildlife Fund Disappear?
A major environmental case might settle before the Supreme Court has the chance to review it.
Revising WOTUS
The Trump Administration is attempting a welcome redefinition of "waters of the United States"
Environmental Protection Agency
The EPA Wants to Get Out of Puddles and Ditches. Environmental Activists Are Outraged.
A welcome new federal approach under the Clean Water Act.
Federal Court Rejects EPA Attempt to "Suspend" WOTUS Rule
The Trump Administration faces another legal setback in its effort to reform federal environmental regulation.
Are Dry Stream Beds Navigable Waters of the United States?
According to federal regulations, they are. But Congress is now subjecting that rule to scrutiny.
