Reason.com - Free Minds and Free Markets
Reason logo Reason logo
  • Latest
  • Magazine
    • Current Issue
    • Archives
    • Subscribe
    • Crossword
  • Video
  • Podcasts
    • All Shows
    • The Reason Roundtable
    • The Reason Interview With Nick Gillespie
    • The Soho Forum Debates
    • Just Asking Questions
    • The Best of Reason Magazine
    • Why We Can't Have Nice Things
  • Volokh
  • Newsletters
  • Donate
    • Donate Online
    • Donate Crypto
    • Ways To Give To Reason Foundation
    • Torchbearer Society
    • Planned Giving
  • Subscribe
    • Reason Plus Subscription
    • Print Subscription
    • Gift Subscriptions
    • Subscriber Support

Login Form

Create new account
Forgot password

Clean Water Act

Marshy Landscape in Bonner County, Idaho | DPST/Newscom

Environmental Protection Agency

Why Is the Army Corps Still Harassing Idaho Landowners?

Idaho landowners are facing ruinous fines because the Army Corps of Engineers refuses to follow the Supreme Court’s Clean Water Act ruling in Sackett v. EPA.

Sean Radomski | 7.28.2025 3:25 PM

Danger sign warning dangerous mine shafts do not pass beyond this point at entrance. | ID 236289887 | Abandoned Mine © Sharksurfer | Dreamstime.com

Environmental Law

New Law Finally Allows Conservationists To Clean Up Abandoned Mines

For decades, federal rules punished good Samaritans who tried to tackle toxic mine pollution. A new program removes barriers to restoring waterways across the West.

Tate Watkins | 12.20.2024 12:30 PM

Environmental Law

Is the Clean Water Act Enforced Less Stringently in Battleground States?

A new study suggests political considerations may influence the enforcement of federal environmental law.

Jonathan H. Adler |The Volokh Conspiracy | 6.11.2024 3:16 PM

An orange background with the 'Reason' logo in white and the word finalist in white with pink highlight next to the LA Press Club logo in white | Illustration: Lex Villena

Reason

Reason Is a Finalist for 14 Southern California Journalism Awards

Nominated stories include journalism on messy nutrition research, pickleball, government theft, homelessness, and more.

Billy Binion | 5.9.2024 5:09 PM

Supreme Court

Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?

Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?

Jonathan H. Adler |The Volokh Conspiracy | 6.1.2023 7:45 AM

U.S. Supreme Court building | Piatroderbrado | Dreamstime.com

Supreme Court

Supreme Court Reins in EPA Overreach

Thanks to Sackett v. EPA, the feds can no longer treat a backyard puddle like it's a lake.

Ronald Bailey | 5.25.2023 5:14 PM

Supreme Court

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.

Jonathan H. Adler |The Volokh Conspiracy | 5.25.2023 4:33 PM

Navigable waters? | Kargona | Dreamstime.com

WOTUS

Federal Court Halts Biden Administration's Clean Water Overreach

Hopefully the Supreme Court will soon put a permanent stop to the EPA's Clean Water Act land grab.

Ronald Bailey | 4.13.2023 12:51 PM

A muddy stream flows through a field | Kathy (null)/Dreamstime.com

Energy & Environment

Federal Agencies Keep Failing To Legally Interpret the Clean Water Act

The Biden administration is the third administration in a row to fail to issue Clean Water Act regulations that pass judicial scrutiny.

Christian Britschgi | 3.28.2023 3:10 PM

Administrative Law

Can a Federal Court Vacate a Regulation Without First Concluding It Was Unlawful?

A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation.

Jonathan H. Adler |The Volokh Conspiracy | 2.21.2023 9:19 PM

water

Supreme Court

The Supreme Court Case That Could Upend the Clean Water Act

If SCOTUS finds in favor of a small-town Idaho couple in Sackett v. EPA, it could end the federal government's jurisdiction over millions of acres of land.

Zach Weissmueller and Danielle Thompson | 1.10.2023 1:00 PM

Clean Water Act

Biden Administration Finalizes New WOTUS Definition for the New Year

The EPA and Army Corps have finalized a revised definition of "waters of the United States," which defines the scope of federal regulatory jurisdiction under the Clean Water Act.

Jonathan H. Adler |The Volokh Conspiracy | 12.30.2022 6:22 PM

52327630835_9f3a2a4b6b_o | Pacific Legal Foundation

Clean Water Act

The Sackett Oral Argument and the Problem of Defining "Waters of the United States"

The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.

Jonathan H. Adler |The Volokh Conspiracy | 10.4.2022 6:02 PM

52327630835_9f3a2a4b6b_o | Pacific Legal Foundation

Supreme Court

Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?

Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.

Jonathan H. Adler |The Volokh Conspiracy | 10.1.2022 6:21 PM

Environmental Law

Supreme Court Grants Certiorari to Clarify the Scope of Federal Regulatory Jurisdiction under the Clean Water Act

The Sacketts get a return trip to the Supreme Court.

Jonathan H. Adler |The Volokh Conspiracy | 1.24.2022 1:48 PM

32717049656_630515af37_k | "Wood River Wetland" by BLM Oregon & Washington is licensed with CC BY 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by/2.0/

Clean Water Act

EPA/Army Corps Propose to Formalize Waters of the United States Definition

Perhaps surprisingly, the Biden Administration is not pushing an expansive interpretation of federal regulatory jurisdiction under the Clean Water Act.

Jonathan H. Adler |The Volokh Conspiracy | 11.21.2021 10:43 PM

Clean Water Act

District Court Vacates Trump Administration "Waters" Rule, So What's Next for WOTUS?

The Army Corps and EPA were happy to have the Trump Administration rule remanded, as they are working on a more expansive replacement that will itself face legal challenge.

Jonathan H. Adler |The Volokh Conspiracy | 8.31.2021 7:09 PM

Environmental Protection Agency

Will Chantell and Michael Sackett Get Another Day in the Supreme Court?

The Sackett's' litigation with the Environmental Protection Agency has continued, and may provide the Court with a new opportunity to consider the scope of federal regulatory jurisdiction.

Jonathan H. Adler |The Volokh Conspiracy | 8.25.2021 5:07 PM

Clean Water Act

District Court Orders Remand-Without-Vacatur of Trump WOTUS Rule

The Trump Administration's Clean Water Act rule will remain in place while the Biden Administration works on a replacement.

Jonathan H. Adler |The Volokh Conspiracy | 7.15.2021 6:52 PM

reason-river | Peewam/Dreamstime.com

Environmentalism

Supreme Court's Muddled Clean Water Act Ruling Threatens Property Rights and the Trump Administration's Deregulation Efforts

Federal clean water regulations are a confusing mess for property owners. The Supreme Court just made things worse.

Christian Britschgi | 4.24.2020 4:00 PM

Crime

Supreme Court Upholds Broad Reading of Clean Water Act

Environmental groups were worried the Court would curtail CWA jurisdiction in Maui v. Hawaii Wildlife Fund. It didn't.

Jonathan H. Adler |The Volokh Conspiracy | 4.23.2020 2:05 PM

reason-stream | Marty Randall/Dreamstime.com

Regulation

Trump Administration Repeals Federal Protections on Puddles, Dry Stream Beds, Some Ditches

Hysterical reactions greet the White House's modest changes to federal clean water rules.

Christian Britschgi | 1.24.2020 1:45 PM

Crime

Maui Mayor Won't Settle Clean Water Act Case

Efforts to take Maui v. Hawaii Wildlife Fund off the Supreme Court's docket hit a snag.

Jonathan H. Adler |The Volokh Conspiracy | 10.20.2019 2:00 PM

Crime

Another Court Invalidates 2015 WOTUS Rule

As we await the Trump Administration to finalize a new definition of "waters of the United States," federal courts continue to reject the Obama Administration's effort

Jonathan H. Adler |The Volokh Conspiracy | 8.23.2019 2:53 PM

Volokh Conspiracy

Court Tosses 2015 WOTUS Rule

In redefining "waters of the United States," the Obama Administration failed to follow the Administrative Procedure Act.

Jonathan H. Adler |The Volokh Conspiracy | 5.29.2019 8:52 PM

Crime

Might Maui v. Hawaii Wildlife Fund Disappear?

A major environmental case might settle before the Supreme Court has the chance to review it.

Jonathan H. Adler |The Volokh Conspiracy | 4.29.2019 10:03 AM

Volokh Conspiracy

Revising WOTUS

The Trump Administration is attempting a welcome redefinition of "waters of the United States"

Jonathan H. Adler |The Volokh Conspiracy | 4.16.2019 11:31 AM

Large image on homepages

Environmental Protection Agency

The EPA Wants to Get Out of Puddles and Ditches. Environmental Activists Are Outraged.

A welcome new federal approach under the Clean Water Act.

Ronald Bailey | 12.11.2018 4:15 PM

Crime

Federal Court Rejects EPA Attempt to "Suspend" WOTUS Rule

The Trump Administration faces another legal setback in its effort to reform federal environmental regulation.

Jonathan H. Adler |The Volokh Conspiracy | 8.16.2018 4:33 PM

Large image on homepages

Water

Are Dry Stream Beds Navigable Waters of the United States?

According to federal regulations, they are. But Congress is now subjecting that rule to scrutiny.

Ronald Bailey | 11.30.2017 8:30 AM

  • About
  • Browse Topics
  • Events
  • Staff
  • Jobs
  • Donate
  • Advertise
  • Subscribe
  • Contact
  • Media
  • Shop
  • Amazon
Reason Facebook@reason on XReason InstagramReason TikTokReason YoutubeApple PodcastsReason on FlipboardReason RSS

© 2025 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Take Reason's short survey for a chance to win $300
Take Reason's short survey for a chance to win $300
Take Reason's short survey for a chance to win $300