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U.S. Supreme Court

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Docket Number

Term

2022 Term

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Questions Presented

Should Rapanos v. United States, 547 U.S. 715 (2006) be revisited to adopt the plurality’s test for wetlands jurisdiction under the Clean Water Act?

Additional Information

U.S. Chamber Applauds Supreme Court WOTUS Decision

Case Updates

Supreme Court adopts the Rapanos plurality’s test and holds that the Clean Water Act’s use of “waters” refers only to geographic features that are described in ordinary parlance as “streams, oceans, rivers, and lakes” and to adjacent wetlands that are indistinguishable from those bodies of water due to a continuous surface connection

May 25, 2023

Click here to view the opinion.

U.S. Chamber files amicus brief urging U.S. Supreme Court to adopt the plurality opinion’s test in Rapanos v United States (2006) and resolve entrenched split of authority over the proper test for wetlands jurisdiction under the Clean Water Act

April 18, 2022

Click here to view the brief. Elbert Lin, Kerry L. McGrath, Erica N. Peterson, and Anthony R. Guttman of Hunton Andrews Kurth LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber. The U.S. Chamber also filed an amicus brief supporting the cert. petition.

Cert. petition granted

January 24, 2022

U.S. Chamber files amicus brief urging Supreme Court to revisit its 4-1-4 decision in Rapanos v. United States (2006) and resolve entrenched split of authority over the proper test for wetlands jurisdiction under the Clean Water Act

October 25, 2021

Click here to view the brief. Elbert Lin, Kerry L. McGrath, and Erica N. Peterson of Hunton Andrews Kurth LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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