CWA

WOTUS and the Future of Wetland Protection

WOTUS and the Future of Wetland Protection

In recent years it has become unclear what wetlands are protected. Senior Staffer Seth Stroud discusses the upcoming Supreme Court case, Sackett v. EPA, which will analyze this issue. The plaintiffs believe the Court should use Justice Scalia’s test (continuous surface connection) while opposing counsel favors Justice Kennedy’s test (significant nexus) for determining what wetlands will be protected. While Stroud analyzes this issue, he expresses the concern of many that the Supreme might be undercutting EPA’s rule-making efforts.

Repealing Rapanos: Shrinking the Clean Water Act’s Jurisdiction

Repealing Rapanos: Shrinking the Clean Water Act’s Jurisdiction

It is not often that a criminal appeal can change the face of American environmental law and change the jurisdiction of major environmental legislation. This is why anyone concerned with ecological diversity or clean water ought to be watching closely for the Supreme Court’s upcoming decision in United States v. Hughes. In particular, it may greatly decrease the regulatory scope of the Clean Water Act, which controls the discharge of pollutants into the “navigable waters” of the United States.