July

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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.

Features

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?
Do Twombly and Iqbal Apply to Affirmative Defenses?
In the wake of the Supreme Court's decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, do the pleading requirements announced in those decisions apply to affirmative defenses?
The Department of Justice's Misguided Resistance to Electronic Recording of Custodial Interviews
In light of modern technology why do the DOJ, the FBI, the DEA, and the ATF not make exact, unimpeachable electronic recordings when their agents interview suspects in detention centers?