Library Search

In the News: Strict Scrutiny May 29, 2023

A Wrecking Ball to Environmental Law

Sam Sankar, Senior VP of Programs at Earthjustice, explains the Supreme Court’s opinion in Sackett v. EPA. Millions of acres of wetlands risk losing federal environmental protections, threatening the future of the nation’s clean water.

The wetlands affected by Sackett include those that supply the drinking water for millions of people in the United States. (Getty Images)
Article May 26, 2023

What Does Sackett v. EPA Mean for Clean Water?

A lawyer analyzes the Supreme Court’s ruling.

A few hundred supporters of clean water rallied outside the Supreme Court on Oct. 3, 2022, as the court heard oral arguments in Sackett v. EPA.
(Melissa Lyttle for Earthjustice)
Update May 25, 2023

Supreme Court Catastrophically Undermines Clean Water Protections

Sackett v. EPA threatens more than half of the 118 million acres of wetlands in the United States. Here’s what we can do now to fight for clean water.

Pelicans flying home to roost over salt marsh at Hunting Island State Park in South Carolina near Beaufort. (Teresa Kopec / Getty Images)
Press Release May 25, 2023

Supreme Court Weakens Clean Water Act Protections

Generations will face repercussions of Court’s decision to eliminate protections for more than half of 118 million acres of wetlands

Pelicans flying home to roost over salt marsh at Hunting Island State Park in South Carolina near Beaufort. (Teresa Kopec / Getty Images)
Update April 18, 2023

New Ruling Weakens Protections for Waterways in Nearly Half of Nation’s States

A North Dakota judge blocked the Biden administration’s “Waters of the United States” rule in 24 states, putting our nation’s clean wetlands, rivers, streams, and drinking water jeopardy.

A marsh at sunset in Beaufort, South Carolina. (Teresa Kopec / Getty Images)
Press Release April 12, 2023

ND Judge Blocks Current Clean Water Protections in 24 States

Judge adopts unsupported claim by states intent on dismantling the Clean Water Act

Document April 12, 2023

WOTUS Preliminary Injunction

A federal district court in North Dakota stayed the Environmental Protection Agency’s science-based rule revising the definition of “Waters of the United States.” The ruling halts current clean water safeguards and potentially strips protections from many types of wetlands, streams, and interstate waters in 24 states.

Document March 19, 2023

WOTUS injunction decision in Texas/Idaho

WOTUS injunction decision in Texas/Idaho

Press Release December 30, 2022

EPA Finalizes Rule Protecting ‘Waters of the United States’

Supreme Court overreach may weaken EPA’s science-based rule

People braved the cold and rain for a "Protect Our Waters" rally at the U.S. Supreme Court in Washington, D.C., on Oct. 3, 2022, as oral arguments were heard in Sackett v. EPA. The rally called on the Justices to safeguard our nation’s waterways.
(Melissa Lyttle for Earthjustice)
Press Release October 3, 2022

The Supreme Court Will Decide the Future of Clean Water for Generations

Polluters' legal challenge aims to maximize profits at the expense of the health of communities and our environment

case June 30, 2022

Waters of the United States

In 2021, the U.S. District Court for the District of Arizona said Trump’s Navigable Waters Protection Rule must be vacated because the rule contains serious errors and has the potential to cause significant harm to the nation’s waters if left in place while the Biden administration works on revisions to the rule. The court ruling…

Document January 12, 2022

Letter to Florida DEP re WOTUS

Earthjustice letter to DEP on WOTUS Sept. 1 2021

Document January 12, 2022

EPA letter to DEP on wetlands permits and WOTUS

EPA letter to DEP on wetlands permits and WOTUS 12-9-2021

In the News: Courthouse News Service December 7, 2021

Industry groups lose bid to reinstate Trump gut of Clean Water Act

Michael Youhana, Attorney, Northeast Office, Earthjustice: “The court reaffirmed today that leaving the Trump water rule in place would harm communities and water quality. We will continue to stand up for people’s right to clean water and oppose efforts by polluters to erode clean water protections.”

In the News: Florida Phoenix October 18, 2021

Florida wetlands and waterways face development and potential harm as vacated Trump rules linger

Christina Reichert, Attorney, Florida Office, Earthjustice: “The developer has started clearing that property. This entire area was protected under the Clean Water Act.”

The Menominee River was one of many waterways threatened by the Trump administration's gutting of clean water protections.
Update: Victory September 1, 2021

Clean Water Protections Restored For Millions of Streams and Wetlands

Now it’s up to the Biden administration to boost protections for waterways, rivers, and ephemeral streams that are critical for the environment.

Document August 30, 2021

WOTUS – Order Remand and Vacate (August 2021)

On August 30, 2021, a U.S District Court for the District of Arizona said Trump’s Navigable Waters Protection Rule is illegal and should be vacated. The ruling restores protections for thousands of waterways across the Nation. It represents the culmination of a lawsuit brought by six federally recognized Indian tribes, who are represented by Earthjustice and sued the Environmental Protection Agency (EPA) and Army Corps of Engineers for passing a rule that eliminated Clean Water Act protections for thousands of waterbodies by redefining them as not “waters of the US.”

Press Release: Victory August 30, 2021

Judge Ditches Trump’s Dirty Water Rule

Navigable Waters Protection Rule, repudiated for gutting water protections, is no longer the law of the land