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Clean Water

EELP analyzes the evolving legal standard that shapes the development and implementation of effective and durable clean water protections.

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  • 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

  • Legal Analysis

2022 Revised Definition of Waters of the United States (WOTUS)

On December 30, 2022, EPA and the Army Corps of Engineers released their final rule revising the definition of “waters of the United States” (WOTUS). This final rule builds on the […]

February 10, 2023

  • 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

  • Legal Analysis

Implementing Sturgeon v. Frost: Changes to the Park Service’s Jurisdiction over Navigable Waters in Alaska

A look at the decision, the final rule’s impact on NPS’s jurisdiction in Alaska, and what narrow regulatory opportunities remain for the Biden administration.

April 5, 2021

  • Legal Analysis

Section 401 of the Clean Water Act from Trump to Biden

Overview Under section 401 of the Clean Water Act (CWA), any applicant seeking a federal permit or license for an activity that “may result in any discharge into the navigable […]

January 25, 2021

  • CleanLaw Podcast

CleanLaw — Erin Brockovich and Caitlin McCoy on Water Pollution Regulations and Effective Advocacy

They discuss enduring water pollution issues in the US and how people can get involved to ensure better water quality in their communities and beyond.

November 5, 2020

  • Legal Analysis

President Trump’s Energy Executive Orders: In-Depth Analyses

President Trump signed two executive orders on April 10, 2019 in Crosby, Texas, outside of Houston: EO 13868, titled “Executive Order on Promoting Energy Infrastructure and Energy Growth”, and EO 13867 on […]

April 30, 2019

  • Quick Takes

Energy EOs In Depth: The Trump Administration’s Efforts to Restrict State Authority in the Water Quality Certification Process

This is part of a series analyzing the April 10th executive orders on energy infrastructure.  President Trump signed two executive orders on April 10, 2019 in Crosby, Texas, outside of […]

April 30, 2019

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