Sackett

The Ecological Restoration Business Association Issues Statement Regarding Army Corps Guidance Post Sackett

ERBA Applauds Corps Guidance on Watershed Approach and Mitigation Post-Sackett      From ERBA: Last Friday, on World Water Day, Assistant Secretary for the Army Michael Connor issued guidance affirming the position of the 2008 Compensatory Mitigation Rule (“Rule”) that restoration of non-jurisdictional waters and wetlands at compensatory mitigation sites may offset impacts to jurisdictional […]

EPA’s New WOTUS Definition: Ripe for Litigaiton?

Does the EPA’s revised definition of “Waters of the United States” conform with the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency? Background Leading to EPA’s Revised Definition of Waters of the United States “WOTUS” Prior to the May 25, 2023, Sackett decision, the 2023 WOTUS Rule was finalized by […]

Sackett and the Supreme Court: Back to Basics or EPA’s Shrinking Jurisdiction?

To look at the headlines today, you might think the sky was falling and the United States was headed off into a ditch somewhere—all because of the United States Supreme Court.  Headlines proclaiming that the Supreme Court “delivered a blow to wetlands” (NBC News), “shrinks clean water protections” (The Guardian), “weakens clean water protections” (Vox) […]

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