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Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell...more

State of Play on Clean Water Act “Waters of the United States” Jurisdiction

On August 30, 2021, in Pasqua Yaqui Tribe et al. v. EPA et al. (Case No. 4:20-cv-00266-RM, Dkt. 99), the U.S. District Court in Arizona vacated the Trump administration’s 2020 Navigable Waters Protection Rule (“NWPR”), which...more

US EPA Streamlines Appeals to Environmental Appeals Board

As of Sept. 21, 2020, the Environmental Appeals Board (EAB)—the body used to hear administrative appeals of permits issued by or on behalf of the U.S. Environmental Protection Agency (EPA)—will begin operating under a new set...more

Environmental Compliance Enforcement in the Wake of COVID-19

This client alert focuses on the circumstances that could lead to criminal investigation or enforcement for environmental noncompliance during COVID-19, and provides four practical pointers on how to avoid those pitfalls. On...more

State EPA Enforcement Discretion With COVID-19

On March 26, the U.S. Environmental Protection Agency (U.S. EPA) issued a Memorandum outlining the agency’s temporary enforcement discretion during COVID-19....more

Temporary U.S. EPA Enforcement Discretion in Response to COVID-19

On March 26, the U.S. Environmental Protection Agency (EPA) issued a memorandum on the “temporary policy regarding EPA enforcement of environmental legal obligations” given the growing impacts of COVID-19. Citing restrictions...more

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