Spencer Fane attorneys Jim Price and Coty Hopinks-Baul wrote an article recently published in the Colorado Real Estate Journal examining the U.S. Supreme Court’s May 2023 decision in Sackett v. Environmental Protection Agency.
The article, Supreme Court Limits Reach of Clean Water Act Over Wetlands, was originally published as a firm blog post and details how the ruling significantly curtails the jurisdiction of the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers over potential wetlands. Jim and Coty also noted that many uncertainties remain about the practical impacts of the decision, especially for development projects.
“Rulemaking and attendant litigation are certain to follow in the coming months and years,” they said. “Property owners and project developers will want to consult with their lawyers and project advisers about the ruling’s impact on future development plans and ongoing strategies.”
At Spencer Fane, Jim concentrates on environmental regulation and compliance, environmental litigation, toxic torts, and business transactions involving environmental issues. He has served as lead counsel for many environmental matters, including Superfund proceedings, RCRA corrective action, environmental transactions, and environmental permitting and compliance for solid waste, hazardous waste, water, air, and other matters. Coty likewise advises clients on a wide range of environmental, safety, and health issues including federal and state regulation of discharges to groundwater and surface waters, as well as drinking water, air, hazardous and nonhazardous waste, chemical releases, and workplace exposure matters.
Read the full article here.
