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Healthy Gulf v. United States Army Corps of Engineers
The Fifth Circuit denied environmental groups' petition to review the Army Corps of Engineers' issuance of a CWA permit for a proposed liquefied natural gas production and export terminal on the Calcasieu River in Louisiana. The groups argued the Corps failed to adequately consider a particular alte...
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.