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Supreme Court of the United States › Environmental Protection Agency (EPA) › Corporate Counsel

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

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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

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: A First Look at the Department of Government Efficiency

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Companies would be wise to take into consideration the potential outsized impact of DOGE as they develop public policy plans for the new administration. DOGE is intended to serve as an advisory or consulting organization...more

Foley Hoag LLP - Environmental Law

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

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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

ArentFox Schiff

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

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On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more

Venable LLP

Sackett v. EPA: What's Next for Clean Water Act Jurisdiction?

Venable LLP on

Clean Water Act practitioners have spent the past 50 years learning how to identify a wetland or water body that qualifies for federal jurisdiction—and the past 17 parsing the phrase "significant nexus." The upshot was that...more

Lippes Mathias LLP

WOTUS Rule Finalized: What Does it Mean?

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Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

ArentFox Schiff

Five Administrative Law Takeaways From Recent Supreme Court Decisions

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The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major...more

Kelley Drye & Warren LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

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In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to...more

K&L Gates LLP

Muddied Groundwater: New Supreme Court Test Adds Confusion and Uncertainty to Clean Water Act Permitting Jurisdiction

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On April 23, 2020, the U.S. Supreme Court announced its much-awaited decision in County of Maui v. Hawai’i Wildlife Fund on whether the Clean Water Act (CWA) regulates the discharge of pollutants that pass through groundwater...more

Jackson Walker

U.S. Supreme Court Finds That Clean Water Act’s Permitting Requirements Can Extend to Discharges Through Groundwater

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On April 23, 2020, the U.S. Supreme Court issued a 6-3 opinion in County of Maui v. Hawaii Wildlife Fund, which established a new test to determine the permitting requirements under the Clean Water Act (CWA). The case...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Update: Environmental and Administrative Law Cases Decided in 2017

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The 2016 Term of the U.S. Supreme Court was fairly quiet, perhaps reflecting the fact that with only eight members, the Court needed a working consensus to handle its docket. The Court handed down seventy rulings, but only a...more

WilmerHale

Energy Sector Alert Series: Supreme Court Cases to Watch

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In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

Snell & Wilmer

In a Victory for Businesses and Developers, the United States Supreme Court Holds that Clean Water Act Jurisdictional...

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The United States Supreme Court ruled today that an approved jurisdictional determination under the Clean Water Act constitutes an immediately appealable agency action under the Administrative Procedure Act, 5 U.S.C. §§ 500...more

Saul Ewing LLP

U.S. Supreme Court Puts the Brakes on Corps’ Wetlands Determinations

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On May 31, 2016, in a (surprising) 8–0 decision, Chief Justice John Roberts, writing for the full Supreme Court, issued a ruling that will have far-reaching effects on landowners, real estate developers, farmers, oil and gas...more

Orrick, Herrington & Sutcliffe LLP

How Will the Passing of Justice Scalia Impact the Supreme Court’s Review of the EPA Clean Power Plan Case?

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Last week, we wrote about the Supreme Court's unprecedented issuance of a stay prohibiting the implementation of the "Clean Power Plan" while a judicial challenge to the Plan is pending. The extraordinary stay decision...more

McDermott Will & Emery

Implications of the Clean Power Plan Stay

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Late in the day on Tuesday, February 9, the U.S. Supreme Court stayed, for at least a year and possibly longer, the implementation of the Clean Power Plan (CPP), the US Environmental Protection Agency’s (EPA’s)...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Halts Clean Power Plan Implementation Pending Judicial Review

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Taking what many are calling an unprecedented step, the Supreme Court yesterday, in a 5-4 “party line” vote, granted a stay of the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP), halting the compliance...more

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