In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, the U.S. Supreme Court recently held that the U.S. Army Corps of Engineers (the Corps) does not…

Environmentalists are no strangers to disappointment in the U.S. Supreme Court, but the recent case of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (…

This past January, the U.S. Supreme Court held that the Clean Water Act (CWA) did not authorize the federal government to prohibit a landfill operator from filling isolated ponds on its property…

For the last several years, federal circuit courts have debated the exact jurisdictional scope of §404 of the Clean Water Act (CWA), which authorizes the Secretary of the U.S. Army (the Army),…

Through the post-World War II era the U.S. Congress, by an incremental process of experimentation and error, developed the knowledge and experience that led to the imposition of individual permits…

Nearly three decades after enactment of the modern Clean Water Act (CWA), efforts to address the largest remaining source of water pollution—runoff and other types of aquatic ecosystem impairment…

Water scarcity is no longer a threat, it is a reality. Increasing populations throughout the country and the world are putting increased pressure on existing supplies of freshwater. Cities, states…

The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance…

In a recent article reviewing the U.S. Supreme Court's environmental decisions over the last 30 years (1969-1999), Professor Richard Lazarus argues that "the Justices have never fully appreciated…

adapted from Layla (by Eric Clapton and Jim Gordon)

What do we do when we get sued now

If the Supremes aren't on our side?

If we can't rely on standing constraints

Do…