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Analyzing the Consequences of Sackett v. EPA
The U.S. Supreme Court’s May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act’s (CWA’s) protection for the nation’s waters. The Court redefined the Act’s coverage of “waters of the United States” (WOTUS), effectively removing protection from many wetlands that have been covered under the Act for almost a half century. On June 8, 2023, the Environmental Law Institute hosted a panel of experts that analyzed the consequences of Sackett and discussed what actions can be taken to protect non-WOTUS waters.
Center for Biological Diversity v. United States Environmental Protection Administration
A district court granted in part summary judgment for an environmental group in a challenge to EPA's issuance of recommended water quality criteria for cadmium in 2016. The group argued EPA violated the ESA by failing to consult with expert agencies before issuing the recommended criteria. The Agenc...
Arizona v. Environmental Protection Agency
The D.C. Circuit dismissed five states' petition to review EPA's extension of a compliance deadline for a revised national drinking water regulation, which in turn extended the deadline for states to enforce conforming regulations to their own. The states argued the extension would cause their resid...