Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions

I am excited to announce that Jesse Richardson, Gatlin Squires, and I recently had a law review article published in the William & Mary Environmental Law and Policy Review. [Click here.]

Our article, Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions, takes a deep dive into the history surrounding the “waters of the United States” definition, charting approaches from regulations to Supreme Court cases to the recent Obama and Trump Rules.  It was really interesting to do a detailed comparison and see how the legal approach to this definition has changed over time.

Admittedly, law review articles are not easy reading, so it very well may be only the water lawyers in the crowd who are excited by this one!  For those of you who may be interested, but not enough to read an entire law review article, never fear.  We’ve done several podcast episodes with Jim Bradbury discussing the WOTUS issue.  To listen to our most recent chat, click here. For a short summary of the WOTUS situation and where we are now, click here for an article I wrote with Shannon Ferrell.

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