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July

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The Judicial Assault on the Clean Water Act

The Judicial Assault on the Clean Water Act

From at least the time of the U.S. Supreme Court's decision in Solid Waste Authority of Northern Cook County v. U.S. Army Corps of Engineers, the federal courts have led an assault on the Clean Water Act (CWA). The primary target of their attack has been on the scope of "waters" encompassed by the law. But recent decisions by the Supreme Court and the U.S. District Court for the District of Columbia suggest that the courts may be prepared to move beyond this jurisdictional question.

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Before and After Sackett v. U.S. Environmental

Before and After Sackett v. U.S. Environmental

Despite a unanimous decision against Sackett v. EPA, the EPA has been publicly stating that the case will not significantly change its enforcement approach. Is the agency underestimating Sackett's impact, or is it really just business as usual at EPA despite the apparent setback?