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23 Apr 2020, 2:52 pm by R. Clark Morrison and Scott Birkey
  This approach, the Court reasoned, acknowledges the long-recognized balance between federal protection of navigable waters and the authority of the states to regulate water rights and use within their respective boundaries. [read post]
29 Feb 2008, 1:42 am
Supreme Court's June 2006 decision in Rapanos v. [read post]
7 Nov 2019, 9:03 am by Lisa Heinzerling
Gorsuch observed that “water runs downhill, and gravity tends to work its wonders with water,” so that it is foreseeable that pollution from a septic tank will “wind up in the waters of the United States. [read post]
31 Mar 2008, 10:04 am
Delaware [Medill case backgrounder; JURIST report], where the Court revisited the century-old water boundary dispute between the two states. [read post]
3 Oct 2022, 6:53 pm by Mark Walsh
And then the court begins arguments in the Sackett case, about the proper test for determine whether wetlands are “waters of the United States” under the Clean Water Act. [read post]
12 Dec 2019, 4:33 pm by Jeff Gittins
The Utah Court of Appeals recently issued its opinion in the case of Allen Family Trust v. [read post]
12 May 2020, 4:17 pm by CAFE
In this clip from the latest episode of the CAFE Insider podcast, "Water Under the Bridgegate," co-hosts Preet Bharara and Anne Milgram break down the Supreme Court’s unanimous decision in Kelly v. [read post]
18 Jul 2022, 3:12 am by Matthew L.M. Fletcher
Can the Nation state a cognizable claim for breach of trust consistent with this Court’s holding in Jicarilla based solely on unquantified implied rights to water under the Winters Doctrine? [read post]