Supreme Court limits regulation of some US wetlands

U.S. Court News

The U.S. Supreme Court has stripped federal agencies of authority over millions of acres of wetlands, weakening a bedrock environmental law enacted a half-century ago to cleanse the country’s badly polluted waters.

A 5-4 majority significantly expanded the ability of farmers, homebuilders and other developers to dig up or fill wetlands near rivers, lakes and streams, finding the government had long overreached in limiting such activities.

The ruling Thursday may nullify key parts of a rule the Biden administration imposed in December, which two federal judges already had blocked from being enforced in 26 states. It’s the latest turn in a decades-old struggle by courts and regulators to determine which waters are subject to protection under the Clean Water Act.

Some experts say the battle over wetlands now may shift to states, with red and blue states writing laws that take dramatically different approaches.

The high court’s decision follows one in 2022 curtailing federal power to reduce carbon emissions from power plants and indicates a willingness by the court’s emboldened conservatives to limit environmental laws and agency powers.

“This is one of the saddest chapters in the 50-year history of the Clean Water Act,” said Jim Murphy, an attorney with the National Wildlife Federation.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.