News & Analysis as of

Supreme Court of the United States NPDES Water Pollution

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 -
Bricker Graydon LLP

Supreme Court Limits EPA Permitting Authority in City and County of San Fran v. US EPA

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On March 4, 2025, the U.S. Supreme Court issued a 5-4 opinion in City and County of San Francisco v. Environmental Protection Agency, holding that “end-result” requirements routinely imposed by the EPA in NPDES permits issued...more

Williams Mullen

Clean Water Act: The End of “End-Result” Permitting

Williams Mullen on

The Supreme Court of the United States’ recent Clean Water Act decision in City of San Francisco v. EPA has sent shockwaves through the environmental community by prohibiting EPA and state agencies’ common practice of...more

Clark Hill PLC

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

Clark Hill PLC on

In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s...more

Brownstein Hyatt Farber Schreck

Supreme Court Makes Waves In San Francisco Ruling

When the Supreme Court issued its decision in City & County of San Francisco v. EPA on March 4, 2025, it may have saved San Francisco $10 billion dollars in penalties sought by the United States Environmental Protection...more

McGlinchey Stafford

SCOTUS Rolls Back EPA’s Permitting Authority under the CWA

McGlinchey Stafford on

On March 4, 2025, the United States Supreme Court issued its ruling in City and County of San Francisco v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency (EPA)’s permitting authority under...more

Goldberg Segalla

Supreme Court Requires EPA to Set Specific Targets in Water Permits

Goldberg Segalla on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City and County of San Francisco, California v. Environmental Protection Agency

On March 3, 2025, the U.S. Supreme Court decided City and County of San Francisco, California v. Environmental Protection Agency, No. 23-753, holding that Section 1311(b)(1)(A) of the Clean Water Act does not authorize the...more

Tonkon Torp LLP

U.S. Supreme Court Ruling Will Make it Easier to Comply with NPDES Permits

Tonkon Torp LLP on

On March 4, 2025 the Supreme Court overturned the 9th Circuit to rule in favor of the City of San Francisco in a landmark Clean Water Act case. The EPA authorizes states to issue National Pollutant Discharge Elimination...more

Goldberg Segalla

Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In

Goldberg Segalla on

During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. This case marks the court’s first look at the Clean Water Act following...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

Mintz

Oppenheimer isn't the only Los Alamos blockbuster this year. EPA has another one with its exercise of its Residual Designation...

Mintz on

You may have thought the movie Oppenheimer would be the only blockbuster involving Los Alamos, New Mexico this year. But now EPA has invoked its rarely used Residual Designation Authority under section 402 of the Clean Water...more

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

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

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