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In Yet Another Decision Restricting EPA Authority, US Supreme Court Holds EPA Cannot Set CWA Permit Limits

The US Supreme Court held in City and County of San Francisco v. EPA that the US Environmental Protection Agency lacks authority under the Clean Water Act to include “end-result” limitations in National Pollutant Discharge...more

The End of the Chevron Doctrine: an Environmental Law Watershed?

The US Supreme Court’s opinion in the Loper Bright v. Raimondo and Relentless v. Commerce cases overruling the rule of deference to agency interpretations of federal statutes established by its decision 40 years ago in...more

President Biden’s ‘Modernizing Regulatory Review’ Memorandum

Much of the attention in President Joseph Biden’s executive actions in his first 100 days has been focused on his numerous executive orders on topics ranging from climate and COVID-19 to race and gender. Although these...more

Environmental Enforcement Outlook on Climate Change, NEPA and Emerging Contaminants and Chemical Safety

With the arrival of a new US presidential administration, companies are anticipating potential shifts in enforcement priorities by the US Environmental Protection Agency (EPA) in the areas of climate change, the National...more

Environmental Groups Challenge Navigable Waters Protection Rule

Multiple environmental groups, including the Natural Resources Defense Council, the Conservation Law Foundation, and Defenders of Wildlife, have sued the US Environmental Protection Agency and US Army Corps of Engineers over...more

Science Transparency Rule Back on the Table in 2019

Acting US Environmental Protection Agency (EPA) Administrator Andrew Wheeler confirmed in a recent interview that the agency “feels strongly” that it will “move forward to finalize” its controversial proposed...more

Trump Executive Order Seeks to Limit Scope of Clean Water Act

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

Final Clean Water Act Rule Likely to Expand Act’s Application

Expansion could result in significantly increased costs in permitting requirements for the regulated community. On May 27, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (the Army Corps)...more

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