Forum
U.S. Supreme Court
Case Status
Docket Number
Term
2022 Term
Lower Court Opinion
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 DecisionCase 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.