Sackett Archives - Legal Planet

Sackett

Bowing to the Inevitable

The Supreme Court declared open season on the nation’s streams and wetlands. New regs are the result.

On August 25, EPA and the Army Corps of Engineers (“the agencies”) issued a joint rule, which modifies their previous rule on federal jurisdiction under the Clean Water Act in order to conform with the Supreme Court’s Sackett decision. Sackett was a deeply misguided and harmful ruling — but it is nevertheless the law. The …

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After Sackett: A Multi-Prong Strategy

The Supreme Court’s wetlands opinion was terrible. Now what we do?

The Supreme Court’s opinion in the Sackett case dramatically curtails the permitting program covering wetlands. We urgently need to find strategies for saving the wetlands the Court left unprotected. We have a number of possible strategies and need to start work on implementing them immediately. Sackett was unquestionably a major blow, reducing federal jurisdiction over …

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How Sackett Will Hurt Endangered Species In California

And what the state can do about it

Others have already posted about the Supreme Court’s Sackett decision that significantly cuts back on the geographic scope of Clean Water Act Section 404 regulation protecting wetlands. Understandably, there has been a lot of attention to the direct effects of that change, which means that federal permitting will no longer apply to many wetlands in …

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Sackett and the Dangers of a New ‘Clear-Statement Rule’

The Supreme Court decision in Sackett v. EPA will be bad for the nation’s wetlands. It is just as bad for democracy. 

The Supreme Court decision in Sackett v. EPA limits the Environmental Protection Agency’s ability to defend a large portion of the nation’s wetlands and waterways from pollution. The decision strips key environmental protections from the Clean Water Act by narrowly defining which bodies of water can be regulated under the Act, making it the most …

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Supreme Court Sides With Property Owners in Wetlands Dispute With USEPA

The U.S. Supreme Court issued its decision in the most closely watched environmental case on the Court’s docket this Term: Sackett v. U.S. Environmental Protection Agency. As expected following an especially lively set of oral arguments in the Sackett case earlier this year, the justices ruled–unanimously–in favor of the private property owners who had brought …

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U.S. Supreme Court Justices Are on USEPA’s Case

You can’t blame the U.S. Environmental Protection Agency of late for feeling it’s under siege. All of the current Republican presidential candidates are regularly excoriating EPA on the campaign trail, and Congress has conducted oversight hearings and threatened all sorts of legislative action designed to clip EPA’s regulatory wings. Now the U.S. Supreme Court appears …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

Reflections on “Yes they can control the weather.”

Marjorie Taylor Greene is wildly wrong about government scientists controlling hurricanes. There is a rich history of weather modification experiments that make that false claim more dangerous.

Why You Should Read CA’s ExxonMobil Plastic Lawsuit

California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.

A Good Day to Drop Big Oil

Major league sports teams like to talk about sustainability measures on Green Sports Day, which is Oct. 6. They should do something about their fossil fuel sponsors.

The Election, Vehicle Emissions, and State Climate Plans

If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.

How to Make Trees Worth More Standing Than Cut Down

The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.

Climate, Energy, and Environment on the Ballot

Ballot measures in Washington and California are especially important but others are worth noting.

Model Uncertainty in Politics and Climate Policy

The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.

Still Crazy After All These Years

There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.

We Need a Circular Economy for EV Batteries

California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.

Sackett

The Supreme Court declared open season on the nation’s streams and wetlands. New regs are the result.

The Supreme Court’s wetlands opinion was terrible. Now what we do?

And what the state can do about it

The Supreme Court decision in Sackett v. EPA will be bad for the nation’s wetlands. It is just as bad for democracy.

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

New CLEE Report Release & Webinar on Wednesday, November 13th at noon PT

Several California laws prohibiting dangerous chemicals from household products go into effect on or after January 1, 2025.

Pretty or scary or brave? There’s a climate costume to suit all tastes and all ages.

Reframing Infrastructure Investments to Realize an Equitable Transition

The Presidential, Senate & House elections will have immense repercussions in terms of energy and environment.

A Trump victory would increase the odds that we will ultimately need to start blocking solar radiation as a last resort to limit climate change.

The Yankees recently dropped Hess Oil from their outfield scoreboard. But in LA, the Dodgers’ Big Oil sponsorship with 76 gas is on full display in the 2024 World Series.

Can the AGU’s new principles defuse controversy and enable responsible research?

Project 2025 isn’t just its headline proposals. It’s a thorough, detailed attack on environmental protection.

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.

Marjorie Taylor Greene is wildly wrong about government scientists controlling hurricanes. There is a rich history of weather modification experiments that make that false claim more dangerous.

California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.

Major league sports teams like to talk about sustainability measures on Green Sports Day, which is Oct. 6. They should do something about their fossil fuel sponsors.

If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.

The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.

Ballot measures in Washington and California are especially important but others are worth noting.

The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.

There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.

California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.

As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.

The Supreme Court decision in Sackett v. EPA will be bad for the nation’s wetlands. It is just as bad for democracy. 