Government,
Environmental & Energy,
Administrative/Regulatory,
9th U.S. Circuit Court of Appeals
Sep. 19, 2017
The muddy waters of the US
How should the 9th Circuit decide the Rapanos/Marks/Davis issues in Robertson? It should recognize that Davis’s implicit-consensus rule defines “narrowest grounds” and overrules Healdsburg.
In his concurrence in Sackett v. EPA, 547 U.S. 715 (2012), Justice Samuel Alito called the reach of the Clean Water Act “notoriously unclear.” He had a point. The CWA prohibits discharge, without a federal permit, of any “pollutant” into “navigable waters,” which the CWA defines as “waters of the United States.” The Supreme Court’s most recent attempt to clarify “waters of the United States,” Rapanos v. U.S., 547...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In