More than 50 years ago, the Federal Clean Water Act (CWA or Act) was enacted by Congress to protect the quality of the Nation’s waters. The scope of that protection has been evolving ever since. Until relatively recently, the...more
Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more
The Chevron doctrine is one of the most important principles of administrative law in the United States. It states that when a federal statute is ambiguous, courts should defer to the reasonable interpretation of the agency...more
In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more
In its decision last week in Sackett v. Environmental Protection Agency, the U.S. Supreme Court issued a unanimous ruling that severely limits the federal government’s jurisdiction over wetlands and tributaries. Specifically,...more