The U.S. Supreme Court on Tuesday, in San Francisco v. EPA, held in a 5-4 decision that the EPA cannot enforce requirements in wastewater permits that “do not spell out what a permittee must do or refrain from doing.” San...more
3/7/2025
/ City and County of San Francisco v Environmental Protection Agency ,
Civil Monetary Penalty ,
Clean Water Act ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
Water Pollution
On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more
2/7/2025
/ Administrative Procedure Act ,
CEQ ,
En Banc Review ,
Environmental Litigation ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Infrastructure ,
NEPA ,
Regulatory Authority ,
Rulemaking Process ,
SCOTUS
The U.S. Supreme Court last week scheduled oral arguments for December 10 in Seven County Infrastructure Coalition v. Eagle County, a highly anticipated case that focuses on whether a federal agency should be required to...more
The Environmental Protection Agency’s implementation of the 2015 National Ambient Air Quality Standards “Good Neighbor Plan” (GNP) was met with a fury of legal challenges (see ELM’s previous coverage of EPA’s GNP here)....more
On June 28, in a 6-3 decision, the Supreme Court in Loper Bright Enterprises, et al. v. Raimondo Secretary of Commerce, et al., held that federal courts must exercise independent judgment in deciding whether a federal agency...more