News & Analysis as of

Supreme Court of the United States Citizen Suits Environmental Protection Agency (EPA)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Pillsbury - Gravel2Gavel Construction & Real...

The Supreme Court’s Administrative and Regulatory Law Rulings in the 2024 Term and Preview of Cases to Be Decided in Fall 2025

This post reviews the U.S. Supreme Court’s significant regulatory and administrative law decisions from the Court’s 2024 Term and previews cases on the docket for Fall 2025. ...more

Foley Hoag LLP - Environmental Law

Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more

Foley Hoag LLP - Environmental Law

After Jarkesy, What Happens to EPA's Authority to Collect Administrative Civil Penalties?

Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more

Foley Hoag LLP - Environmental Law

Who Gets To Decide What is a Major Source That Requires a Permit? That’s a Fine Question

Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more

Holland & Knight LLP

Is a NPDES Permit Needed for Groundwater Discharge? It Depends

Holland & Knight LLP on

On April 23, the U.S. Supreme Court finally answered the question that has plagued environmental attorneys for years with its decision in County of Maui v. Hawaii Wildlife Fund (Slip Op 18-260, April 23, 2020): whether point...more

Foley Hoag LLP - Environmental Law

The Supreme Court Sends WOTUS Rule Challenges to the District Courts — It’s Good to Be King

On January 22,2018, the Supreme Court ruled that challenges to the WOTUS Rule must be heard in the district courts. At a certain level, the decision was easy and obvious – as evidenced by the absence of any dissent. ...more

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