Supreme Court Agrees to Hear Case on Judicial Review of Clean Water Act Jurisdiction Determinations

Last month, the U.S. Supreme Court agreed to hear an appeal from a decision by the U.S. Court of Appeals for the Eight Circuit that Clean Water Act (CWA) Jurisdictional determinations (JDs) are subject to immediate judicial review. In Hawkes v...

The Sixth Circuit Hears Arguments on WOTUS Rule Jurisdiction

On December 8, the battle over which federal court jurisdiction will hear the challenge to the Corps and EPA’s Waters of the United States (WOTUS) rule came to a head in a spirited hearing before a three judge panel of the Sixth Circuit Court of Appeals in Cincinnati...

The state vs. federal dynamic in EPA’s new WOTUS rules

On June 30, the Federal Register published the Obama administration’s final Waters of the U.S. (WOTUS) rule. Among many changes, the new rules expand the number of streams and wetlands receiving automatic protection under the Clean Water Act. Publication starts the clock for when the rule goes into effect — in this case, 60 days — and for legislative intervention under the Congressional Review Act...