The Clean Water Act turns 40 this year, but despite its age, its implementation continues to raise controversial issues. Today, the United States Supreme Court heard oral arguments in an important wetlands case, Sackett v. EPA. The issue in the case is two-fold: 1. May petitioners seek pre-enforcement judicial review of an administrative compliance order pursuant to the Administrative Procedure Act, 5 U.S.C. § 704; and 2. If not, does petitioner's inability to seek pre-enforcement judicial review of the administrative compliance order violate their rights under the Due Process Clause?

This morning the United States Supreme Court issued four decisions, including the global warming standing case American Electric Power Co. v. Connecticut and the class action certification case Wal-Mart v. Dukes.

American Electric Power Co. v. Connecticut

This is the Court’s first opinion on climate change since it ruled in 2007 in Massachusetts v. EPA that greenhouse gases are “pollutants” subject to Clean Air Act regulation.

Wisconsin (before it dropped out of the case) was one of eight states that sued defendant utilities, American Electric Power Co., Southern Co., Xcel Energy Inc., the Tennessee Valley Authority, and Cinergy Corp., for their alleged contribution to global warming. The states were asking the court to impose stricter greenhouse-gas regulations than those currently imposed by the EPA by declaring CO2 a nuisance.