Member Alerts

WWEMA submits comments on the US EPA and USACE Proposed “Waters of The United States” (1/5/26)

WWEMA submitted comments regarding the proposed rule, Updated Definition of “Waters of the United States” issued by the U.S. Environmental Protection Agency and the Department of the Army, Corps of Engineers on November 20, 2025 – 90 Fed. Reg. 52498. Comments were due by January 5, 2026. WWEMA supports certain exemptions which are important to its members and that the process be transparent and clear. WWEMA also provided some suggestions for clarification of certain language in the proposed rule. Read WWEMA comments here.

Supreme Court Alert (10/6/25)

The Supreme Court kicks off a new term today and it will be an extremely active one. The conservative super-majority court could choose to further expand the power of the Trump administration to reconfigure the administration state and restructure the economy. On the other hand, they may decide to pump the brakes out of concern for separation of powers and Congressional authority.

Of particular interest to the water sector are Learning Resources Inc. v. Trump (November 5) a high-stakes challenge to Trump’s contention that tariffs are a necessary response to a national emergency and Trump v. Slaughter (December 1 or 10) which asks whether presidents have power to fire the heads of the Federal Trade Commission without cause. That case takes dead aim at the court’s 1936 decision in Humphrey’s Executor v. United States, a landmark precedent allowing Congress to insulate certain agency heads against full presidential control.

There are currently over 400 lawsuits against the Trump administration percolating in federal district and appeals courts. No doubt some of the cases will arrive in the Supreme Court this term, either through the regular petition process or the emergency docket, an avenue the Trump administration has used to great success in challenging injunctions against its policies.

WWEMA will continue to watch the Supreme Court as this exciting term unfolds and alert you to new cases of impact to the water sector.