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Supreme Court of the United States › Permits › Appeals

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 -
Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

ArentFox Schiff

Supreme Court Could Open the Door to “Regulatory Takings” Challenges to Regulations

ArentFox Schiff on

The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution. At stake is the determination of when, how, and under what...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Spilman Thomas & Battle, PLLC

SCOTUS, First Amendment and University of Alabama

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Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using...more

Adams & Reese

U.S. Supreme Court Reinstates Environmental Regulation Related to the States’ Enforcement Rights Under the Federal Clean Water Act

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SCOTUS Shadow Docket Reinstates Trump-Era Clean Water Act Rule - In a 5-4 decision, the United States Supreme Court reinstated a Trump-era environmental regulation related to the States’ enforcement rights under the federal...more

Morgan Lewis

EPA Narrowly Defines Discharges into Groundwater that Are Subject to Clean Water Act Permitting

Morgan Lewis on

Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis to determine when National Pollutant Discharge...more

Bricker Graydon LLP

US EPA issues draft guidance regarding NPDES permitting requirements following Maui Supreme Court decision

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On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act National...more

Farella Braun + Martel LLP

Supreme Court Ruling Expands Reach of Clean Water Act NPDES Permitting

Farella Braun + Martel LLP on

In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a discharge of pollutants from a point source to groundwater is subject to...more

Baker Donelson

The U.S. Supreme Court Broadens EPA's Regulatory Authority to Include Groundwater Discharges

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On April 23, 2020, the United States Supreme Court clarified and expanded when a person is obligated to obtain a discharge permit under the federal Clean Water Act (Act)....more

Williams Mullen

Supreme Court Holds that NPDES Permit Can be Required for Discharges to Groundwater that Reach...

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As we have reported in previous articles, controversy over whether the Clean Water Act (CWA) regulates discharges of pollutants that travel through groundwater into surface waters has led to significant litigation across the...more

BakerHostetler

Hardly Ever? Permitting of Indirect Discharges Under the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund

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The Supreme Court’s most recent voyage into Clean Water Act (CWA) jurisprudence came in County of Maui, Hawaii v. Hawaii Wildlife Fund, 590 U. S. ____ (2020) (Slip Op.), which concerned whether CWA permits are required in...more

Jones Day

Supreme Court Rules Some Discharges to Groundwater Require Clean Water Act Permits

Jones Day on

The Situation: The Supreme Court held that a discharge through groundwater that is the functional equivalent of a direct discharge to navigable waters requires a Clean Water Act permit. The Result: Some discharges to...more

(ACOEL) | American College of Environmental...

SCOTUS Has Spoken: Kinda Sorta Direct Discharges Need A Permit

(ACOEL) | American College of Environmental... on

On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a permit under the Clean...more

Hogan Lovells

New SCOTUS test for NPDES permitting under the CWA: County of Maui, Hawaii v. Hawaii Wildlife Fund et al.

Hogan Lovells on

On 23 April 2020 the Supreme Court, in a 6-3 opinion written by Justice Stephen Breyer, waded carefully into the very-muddied waters of Clean Water Act (CWA) jurisprudence when it issued a new test to determine when the...more

Burr & Forman

GOOD GRAVY: WHAT A MESS County of Maui v. Hawaii Wildlife Fund

Burr & Forman on

Justice Breyer used the above folksy culinary analogy in County of Maui v. Hawaii Wildlife Fund, decided April 23, 2020, to explain why a NPDES permit could be required for the discharge of wastewater to groundwater and then...more

Sullivan & Worcester

Supreme Court Sets Test for Assessing NPDES Permit Requirement for Indirect Discharges of Pollutants Through Groundwater to...

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In a busy week for environmental decisions, the Supreme Court of the United States ruled on April 23, 2020 on its second major case, County of Maui v. Hawai’i Wildlife Fund, finding a middle ground in its 6-3 decision on...more

Perkins Coie

Supreme Court Rules Clean Water Act May Regulate Discharges Through Groundwater to Navigable Waters

Perkins Coie on

Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.” Over the last several decades of debate about federal...more

Nossaman LLP

Middle Ground, or Muddy Waters? SCOTUS Issues Vague Rule in Clean Water Act Decision

Nossaman LLP on

Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National...more

White & Case LLP

Supreme Court Rules that Clean Water Act Covers Groundwater Discharges

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The Supreme Court ruled on April 23, 2020 that federal law can require a permit for pollutant discharges that travel through groundwater to surface water. The Court’s ruling establishes a new standard by which a Clean Water...more

Holland & Hart LLP

SCOTUS Decision Provides Narrower Test for Discharges to Groundwater

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On April 23, 2020, the U.S. Supreme Court in a 6-3 decision held that the Clean Water Act (CWA) requires a permit for either a direct discharge from a point source into navigable waters, or the functional equivalent of a...more

Saul Ewing LLP

Supreme Court Issues Major Decision on Reach of Clean Water Act: Maui Decision Muddies the Waters of the NPDES Program

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The United States Supreme Court has finally weighed in on whether discharging pollutants to groundwater constitutes a discharge to waters of the United States and triggers the need for a discharge permit under the federal...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

Nutter McClennen & Fish LLP

U.S. Supreme Court Addresses Permit Requirements for Groundwater Discharges Under the Clean Water Act

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Last week, the Supreme Court addressed a longstanding issue about whether pollutants discharged to groundwater but that eventually reach a navigable water of the United States are subject to federal regulation under the Clean...more

Stoel Rives - Environmental Law Blog

Supreme Court Holds Clean Water Act Permit Required for Some Discharges to Groundwater

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Last Thursday, the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent...more

Bricker Graydon LLP

U.S. Supreme Court rules that the Clean Water Act regulates groundwater

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In a 6-3 opinion issued on April 23, 2020, the U.S. Supreme Court ruled that the Clean Water Act regulates activities that release pollutants that are eventually conveyed through groundwater to navigable water. The ruling is...more

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