Last month the U.S. Supreme Court restricted federal jurisdiction over filling and altering wetlands. See Sackett v. Environmental Protection Agency, No. 21-454 (U.S. May 25, 2023). The president promptly
Continue Reading Wetlands Regulation in Pennsylvania After ‘Sackett’ Ruling
The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
The Massachusetts Supreme Judicial Court (SJC) decided a case this week clarifying the limitation on a municipality’s ability to regulate wetlands and waterway construction more stringently than would the Department
Continue Reading Local Preemption and Wetlands in Massachusetts: An Update
The Massachusetts Appeals Court (the intermediate appellate court) has decided two cases this month addressing when a local conservation commission can impose conditions on development that affects wetlands in addition
Continue Reading Local Preemption and Wetlands in Massachusetts
On August 31, the Massachusetts Supreme Judicial Court (the highest court in the Commonwealth) decided that the local conservation commission (and presumably the state) can sue a new owner of
Continue Reading Massachusetts Supreme Judicial Court Allows Enforcement to Require Removal of Unauthorized Wetlands Fill for Three Years After Each New Property Transfer
In a previous post we predicted that the U.S. Supreme Court would affirm an Eighth Circuit decision holding that a landowner can obtain immediate judicial review of a wetlands “jurisdictional
Continue Reading Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes
On May 31, 2016, in a unanimous ruling, the United States Supreme Court held that the Army Corps’ determination as to whether “protected waters,” subject to Clean Water Act regulations,
Continue Reading Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations
David Mandelbaum’s monthly column in The Legal Intelligencer/Pennsylvania Law Weekly discusses Sackett v. EPA as does a recent GT Alert by Jerry Stouck and David Weinstein. Sackett allows pre-enforcement review of Clean Water Act enforcement orders.
Continue Reading Sackett: Pre-enforcement Review Under the Clean Water Act
The U.S. EPA and the U.S. Corps of Engineers have extended the comment period on the proposed joint guidance issued on May 2, 2011. The proposed guidance describes how the agencies will identify waters subject to regulation under Section 404 of the Clean Water Act, expanding the scope of Clean Water Act jurisdiction under existing guidance.
Continue Reading EPA and Corps of Engineers Extend Comment Period for Revised Guidance on Identifying Waters Subject to the Clean Water Act
U.S. Corps of Engineers voluntarily dismisses its appeal to the Eleventh Circuit over wetlands regulations in New Hope Power Co. v. U.S. Corps of Engineers.
Continue Reading Corps Drops Appeal Over Wetlands Rules