Rapanos v. United States
On the First Monday in October, the Sacketts Head to the Supreme Court a Second Time
Sackett v. EPA–the Most Important Environmental Case on the Justices’ Current Docket–Will Answer the Key Question of How Far Federal Wetlands Regulation Extends Under the Clean Water Act
Today the U.S. Supreme Court formally begins its 2022-23 Term. First up on the justices’ docket this morning is a major environmental case: Sackett v. Environmental Protection Agency, No. 21-454. This year marks the 50th anniversary of the Clean Water Act (CWA). Over the past half-century, no single CWA issue has proven more contentious and …
CONTINUE READINGWetlands, the Clean Water Act & the Supreme Court: the Sacketts Return to Washington
Justices Grant Review (Again) in the Sacketts’ Longstanding Wetlands Battle With the Government
This week the U.S. Supreme Court agreed to hear the case of Sackett v. USEPA, No. 21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. If the Sackett litigation sounds familiar, it should: the case has been pending for well over a decade, and this is …
CONTINUE READINGFederalism Is For Suckers
Donald Trump’s Assertion That He Can Order the States Around Is Unconstitutional: But Leave Federalism and the 10th Amendment Out of It
Five days is a lifetime in politics, and especially in the age of the internet. Donald Trump has – for now – given up on saying he can order governors to “reopen” their states, but the debate surrounding it has perverted our constitutional discussion. And that needs fixing. Wags from right to left – not …
Continue reading “Federalism Is For Suckers”
CONTINUE READINGCalifornia Adopts New, Welcome Wetlands Protection Rules
State Fills Void Left By Trump Administration’s Weakening of Federal Wetlands Standards
This week California’s State Water Resources Control Board adopted important new rules to protect the state’s remaining wetlands resources. Enacted after over a decade of Board hearings, workshops and deliberation, those rules are overdue, welcome and critically necessary. Their adoption is particularly timely now, given the Trump Administration’s wholesale assault on and erosion of federal …
Continue reading “California Adopts New, Welcome Wetlands Protection Rules”
CONTINUE READINGWetlands, WOTUS and California
California Regulators Can and Should Adopt Strong State Wetlands Protection Rules
For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental …
Continue reading “Wetlands, WOTUS and California”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
