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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

A marsh at sunset in Beaufort, South Carolina. (Teresa Kopec / Getty Images)
Article March 1, 2023

In the Fight for Clean Water, Industry Spreads Disinformation

Some lawmakers and their industry supporters are spreading clean water myths. Here are the facts.

Press Release December 30, 2022

EPA Finalizes Rule Protecting ‘Waters of the United States’

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

Candace Jackson-Akiwumi greets senators after being nominated in 2021 to be a U.S. Circuit Judge for the Seventh Circuit.
(Kevin Lamarque / Pool via Getty Images)
Update November 18, 2022

How the 2022 Election Results Will Make the Courts Better

Over the last two years, the Biden administration has made real progress in rebalancing the courts and getting more diverse and experienced judges confirmed in the Senate. That should continue as the Senate remains in Democratic hands.

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

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 October 3, 2022

Sackett v. EPA: Health of American Waters Hangs in the Balance

A Supreme Court case could reaffirm longstanding protections for U.S. wetlands, or dangerously expose them to pollution.

Press Release September 30, 2022

The Fate of the Clean Water Act is in the Supreme Court’s Hands

More than ever, we need to protect our water and justice for our planet and its people

Kirti Datla, Earthjustice’s Director of Strategic Legal Advocacy, photographed in Washington, D.C.
(Melissa Lyttle for Earthjustice)
Article September 27, 2022

The Supreme Court’s Rightward Turn Won’t Stop Us From Using the Law for Progress

Earthjustice’s director of strategic legal advocacy reflects on the courts’ conservative shift and what’s really at stake in Sackett v. EPA.

Press Release September 1, 2022

Earthjustice Statement on President Biden’s Speech on American Democracy

Speech underscores the need for an all of government approach to protecting our democratic institutions and our fundamental rights

Article July 6, 2022

What Does West Virginia v. EPA Mean for Climate Action?

The EPA still has authority to reduce climate pollution from power plants, even after the Supreme Court’s decision. Here’s what the Biden administration should do next.

U.S. Supreme Court Justices (L-R) Amy Coney Barrett, John Roberts, Brett M. Kavanaugh, Stephen G. Breyer, and Elena Kagan attend the State of the Union address by President Joe Biden to a joint session of Congress in the U.S. Capitol House Chamber on Mar. 1, 2022, in Washington, D.C.
(Saul Loeb / Getty Images - Pool)
Press Release June 30, 2022

Supreme Court Rolls Back EPA Authority to Fight Climate Change

Ruling could have far-reaching impacts on federal government power

Press Release June 30, 2022

Corte Suprema Debilita Autoridad de la EPA Para Combatir el Cambio Climático

El fallo podría tener impactos de gran alcance en el poder del gobierno federal

The NIPSCO R.M. Schahfer Generating Station in Wheatfield, Ind.
(Alex Garcia for Earthjustice)
Update June 30, 2022

Supreme Court Uses Made-Up Doctrine to Limit Climate Regulations

West Virginia v. EPA gives judges broad power to strike down policies that are “too big“ — whatever that means.

Press Release June 24, 2022

Earthjustice Statement on Dobbs Decision

The Supreme Court eliminates a 50-year old constitutional right that safeguards legal abortions in devastating Dobbs v. Jackson Women’s Health Organization decision