In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment.
The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands.
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and calm enough for a water vessel to pass safely. Such a navigable water is called a waterway, and is preferably with few obstructions against direct traverse that needed avoiding, such as rocks, reefs or trees. Bridges built over waterways must have sufficient clearance. High flow speed may make a channel unnavigable due to risk of ship collisions. Waters may be unnavigable because of ice, particularly in winter or high-latitude regions. Navigability also depends on context: a small river may be navigable by smaller craft such as a motorboat or a kayak, but unnavigable by a larger freighter or cruise ship. Shallow rivers may be made navigable by the installation of locks that regulate flow and increase upstream water level, or by dredging that deepens parts of the stream bed.
United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States. While subject to criticism at home and abroad on issues of protection, enforcement, and over-regulation, the country remains an important source of environmental legal expertise and experience.
Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts and Associate Justice, Samuel Alito. The Supreme Court heard the case on February 21, 2006 and issued a decision on June 19, 2006.
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude.
The United States Army Corps of Engineers is involved with a wide spectrum of public works projects: environmental protection, water supply, recreation, flood damage and reduction, beach nourishment, homeland security, military construction, and support to other Governmental agencies. Through 19 Flood Control Acts since 1917, Congress has authorized the Corps of Engineers to be involved with flood protection and damage reduction in almost every state of the union.
Pacific Legal Foundation(PLF) is a libertarian public interest law firm in the United States. PLF was established for the purpose of defending and promoting individual and economic freedom in the courts. To that end, PLF attorneys provide pro bono legal representation to clients, file amicus curiae briefs, and participate in administrative proceedings with the goal of supporting property rights, equality before the law, freedom of speech and association, economic liberty, and separation of powers. They have represented clients in 14 cases before the United States Supreme Court.
Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 557 U.S. 261 (2009), is a United States Supreme Court case that was decided in favor of Coeur Alaska's permit to dump mine waste in a lake. The case addressed tailings from the Kensington mine, an underground mine located in Alaska. The gold mine had not operated since 1928, and Coeur Alaska obtained a permit in 2005 from the United States Army Corps of Engineers (USACE) to dispose of up to 4.5 million tons of tailings in Lower Slate Lake, which is located in a National Forest.
Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), was a decision by the US Supreme Court that interpreted a provision of the Clean Water Act. Section 404 of the Act requires permits for the discharge of dredged or fill materials into "navigable waters," which is defined by the Act as "waters of the United States." That provision was the basis for the federal wetlands-permitting program.
The migratory bird rule, adopted by the United States Army Corps of Engineers and the Environmental Protection Agency (EPA) asserted that the Clean Water Act (CWA) covers regulation of isolated waters "which are or would be used as habitat by... migratory birds that cross state lines." The rule was overturned by the Supreme Court in 2001.
"No net loss" is the United States government's overall policy goal regarding wetlands preservation. The goal of the policy is to balance wetland loss due to economic development with wetlands reclamation, mitigation, and restorations efforts, so that the total acreage of wetlands in the country does not decrease, but remains constant or increases. To achieve the objective of no net loss, the federal government utilizes several different environmental policy tools which legally protect wetlands, provide rules and regulations for citizens and corporations interacting with wetlands, and incentives for the preservation and conservation of wetlands. Given the public benefits provided by wetland ecosystem services, such as flood control, nutrient farming, habitat, water filtration, and recreational area, the estimations that over half the acreage of wetlands in the United States has been lost within the last three centuries is of great concern to local, state, and federal agencies as well as the public interest they serve.
Water quality laws govern the protection of water resources for human health and the environment. Water quality laws are legal standards or requirements governing water quality, that is, the concentrations of water pollutants in some regulated volume of water. Such standards are generally expressed as levels of a specific water pollutants that are deemed acceptable in the water volume, and are generally designed relative to the water's intended use - whether for human consumption, industrial or domestic use, recreation, or as aquatic habitat. Additionally, these laws provide regulations on the alteration of the chemical, physical, radiological, and biological characteristics of water resources. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments. Water quality laws provides the foundation for regulations in water standards, monitoring, required inspections and permits, and enforcement. These laws may be modified to meet current needs and priorities.
Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., 568 U.S. 78 (2013), is a United States Supreme Court case in which the Natural Resources Defense Council and Santa Monica Baykeeper challenged the Los Angeles County Flood Control District (District) for violating the terms of its National Pollutant Discharge Elimination System (NPDES) permit as shown in water quality measurements from monitoring stations within the Los Angeles and San Gabriel Rivers. The Supreme Court, by a unanimous 9-0 vote, reversed and remanded the Ninth Circuit's ruling on the grounds that the flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a "discharge of a pollutant" under the Clean Water Act.
South Florida Water Management District v. Miccosukee Tribe, 541 U.S. 95 (2004), was a U.S. Supreme Court case involving the application of the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act. The Supreme Court remanded the case for further determination to resolve the question over the validity of the distinction between the two bodies of water at issue and the Government's broader "unitary waters" argument that all water bodies that are "navigable waters" under the Clean Water Act should be considered "unitarily" for purposes of NPDES permitting.
The Waters of the United States Regulatory Overreach Protection Act of 2014 is a bill that would prohibit the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) from implementing or enforcing certain proposed regulations regarding the use of the nation’s waters and wetlands.
The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. The regulation defined the scope of federal water protection in a more consistent manner, particularly over streams and wetlands which have a significant hydrological and ecological connection to traditional navigable waters, interstate waters, and territorial seas. It is also referred to as the Waters of the United States (WOTUS) rule, which defines all bodies of water that fall under U.S. federal jurisdiction. The rule was published in response to concerns about lack of clarity over the acts scope from legislators at multiple levels, industry members, researchers and other science professionals, activists, and citizens.
Army Corps of Engineers v. Hawkes Co., 578 U.S. ___ (2016), was a case in which the Supreme Court of the United States held that a Clean Water Act jurisdictional determination issued by the United States Army Corps of Engineers is reviewable under the Administrative Procedure Act because jurisdictional determinations constitute "final agency action".
County of Maui v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___ (2020), was a United States Supreme Court case involving pollution discharges under the Clean Water Act (CWA). The case asked whether the Clean Water Act requires a permit when pollutants that originate from a non-point source can be traced to reach navigable waters through mechanisms such as groundwater transport. In a 6–3 decision, the Court ruled that such non-point discharges require a permit when they are the "functional equivalent of a direct discharge", a new test defined by the ruling. The decision vacated the ruling of the United States Court of Appeals for the Ninth Circuit, and remanded the case with instructions to apply the new standard to the lower courts with cooperation of the Environmental Protection Agency (EPA).
