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Judicial Destruction of the Clean Water Act: Sackett v. EPA

Professor Richard Lazarus wrote an essay for the University of Chicago Law Review about the Supreme Court’s Sackett v. EPA ruling. In the first part he describes the ruling, reasoning, […]

September 12, 2023

  • Legal Analysis

Held v. Montana: A Win for Young Climate Advocates and What It Means for Future Litigation

How this case reached the Court in the first place, implications of the use of the major questions doctrine, and EPA’s path forward.

August 30, 2023

Held v. Montana: A Win for Young Climate Advocates and What It Means for Future Litigation
  • CleanLaw Podcast

CleanLaw — The Loper Bright Case and Fate of the Chevron Doctrine with Jody Freeman and Andy Mergen

Jody and Andy discuss how the Supreme Court might overrule the Chevron doctrine and what the case might mean for other environmental and federal regulations.

August 23, 2023

CleanLaw — The Loper Bright Case and Fate of the Chevron Doctrine with Jody Freeman and Andy Mergen
  • CleanLaw Podcast

Sackett v. EPA Decision: What the Justices Said and What this Means for Water with Jody Freeman, Richard Lazarus, and Steph Tai

Jody Freeman speaks with Richard Lazarus and Steph Tai about the US Supreme Court’s recent decision in Sackett v. EPA. They discuss how the Court’s reliance on a dictionary definition of waters will drastically limit Clean Water Act protections: severely shrinking what qualifies as covered wetlands and streams, and as a result, enfeebling the federal government’s ability to protect US water quality.

June 21, 2023

Sackett v. EPA Decision: What the Justices Said and What this Means for Water with Jody Freeman, Richard Lazarus, and Steph Tai
  • Legal Analysis

Sackett v. EPA: Departure from Textualism Significantly Limiting Clean Water Protection

A review of the CWA’s litigation and regulatory history and the Sackett decision.

June 16, 2023

  • CleanLaw Podcast

Podcast: The Making of Environmental Law

Carrie and Richard discuss how environmental law has developed over the last two decades and explores new challenges for the field.

April 10, 2023

Podcast: The Making of Environmental Law
  • CleanLaw Podcast

CleanLaw—Jody Freeman, Richard Lazarus, and Carrie Jenks Break Down the West Virginia v. EPA Decision

How the major questions doctrine could affect EPA regulations addressing greenhouse gases and other key regulatory priorities for the Biden administration

July 26, 2022

  • Legal Analysis

Supreme Court Embraces the Major Questions Doctrine as Limiting but Leaving the Door Open for Power Sector GHG Regulations

West Virginia v. EPA’s surprising journey to the Supreme Court. A look at the key elements of the Court’s decision and the path ahead for EPA.

July 1, 2022

Supreme Court Embraces the Major Questions Doctrine as Limiting but Leaving the Door Open for Power Sector GHG Regulations
  • Quick Takes

Sackett v. EPA and the Definition of Waters of the United States

The Clean Water Act[1] (CWA) governs the discharge of pollutants into waters of the United States. Supreme Court rulings and agency rulemakings that define the reach of this act have […]

June 24, 2022

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