United States v. Hughes

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.