The recent U.S. Supreme Court decision in Sackett v. EPA significantly narrows the definition of “waters of the United States” (“WOTUS”) as applicable to wetlands and other adjacent bodies of water under the Clean Water Act (“CWA”). By extension, Sackett has broad impacts to wetlands delineation and mitigation requirements for section 404 permits issued by
Case on Fishing Boat Monitors Could Upend Forty Years of Chevron Deference
On May 1, 2023, the U.S. Supreme Court granted certiorari to Loper Bright Enterprises v. Raimondo [1] – a D.C. Circuit decision that upheld agency deference under Chevron v. Natural Resources Defense Council. [2] Chevron has stood for nearly 40 years on the principle that agencies should be armed with the flexibility