News & Analysis as of

Supreme Court of the United States › Proposed Rules › 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 -
Brownstein Hyatt Farber Schreck

EPA Moves to Rescind 2009 Endangerment Finding

Brownstein Hyatt Farber Schreck on

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This...more

Foley Hoag LLP - Energy & Climate Counsel

EPA Introduces Rule To Repeal Endangerment Finding

Foley Hoag LLP - Energy & Climate Counsel on

On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger...more

Holland & Knight LLP

Clean Air Act Rulemakings Don't Follow the Normal Rules – Just Ask the Supreme Court

Holland & Knight LLP on

Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more

Brownstein Hyatt Farber Schreck

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

Brownstein Hyatt Farber Schreck on

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to...more

Best Best & Krieger LLP

EPA Seeks Public Input on WOTUS Implementation Post-Sackett Ruling

Best Best & Krieger LLP on

On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more

Mintz

Surprising to see EPA now taking steps to make it easier for states to take over the Federal Government's dredge and fill permit...

Mintz on

I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more

Holland & Hart LLP

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

Holland & Hart LLP on

In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more

White & Case LLP

Supreme Court Rules EPA Cannot Require Existing Fossil Fuel Power Facilities to Shift to Lower CO2 Emitting Sources of Electricity

White & Case LLP on

On June 30, 2022, the Supreme Court ruled that the US Environmental Protection Agency (EPA) cannot use the Clean Air Act to require fossil fuel power facilities to implement a measure known as "generation shifting" without...more

Mintz

Implications of West Virginia v. EPA on Proposed SEC Climate Rules

Mintz on

The Supreme Court, in West Virginia v. EPA, effectively limited the ability of the EPA to issue significant regulations designed to address climate change absent further Congressional action. And any Congressional...more

Foley Hoag LLP - Environmental Law

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Foley Hoag LLP - Environmental Law on

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Morgan Lewis

Supreme Court Stays District Court Order Vacating 2020 Clean Water Act Certification Rule

Morgan Lewis on

The US Supreme Court issued an order on April 6 staying the district court vacatur of the US Environmental Protection Agency’s 2020 Clean Water Act Section 401 Certification Rule, which imposed restrictions on state and...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Holland & Hart LLP on

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

Bracewell LLP

EPA and Army Say they are Staying in the Comfort Zone with the Proposed Revision to the Definition of "Waters of the United...

Bracewell LLP on

On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Proposed Rule

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

The United States Environmental Protection Agency and the United States Corps of Engineers (collectively “EPA”) announced on November 19th a revised definition of waters of the United States (“WOTUS”). The agencies are...more

WilmerHale

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

WilmerHale on

On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

Dorsey & Whitney LLP

The Supreme Court – March 4, 2021

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued the following two decisions: United States Fish and Wildlife Serv. v. Sierra Club, Inc., No. 19-547: The Sierra Club submitted Freedom of Information Act (“FOIA”)...more

King & Spalding

Supreme Court and EPA to Address Broad Expansion of Clean Water Act Liability by Lower Courts

King & Spalding on

The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more

BCLP

EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to...

BCLP on

On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2018 #4

PilieroMazza PLLC on

GOVERNMENT CONTRACTING - According to a Bloomberg Government article, more than 30,000 federal contracting opportunities at twenty-eight (28) agencies are coming up for competition in the coming fiscal years. In a webinar,...more

Perkins Coie

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

Perkins Coie on

The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

Perkins Coie

Supreme Court Sends Challenges to Clean Water Rule to Federal District Courts

Perkins Coie on

In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....more

Sheppard Mullin Richter & Hampton LLP

District Courts Have Jurisdiction Over Challenges to Clean Water Rule, Supreme Court Says

Sheppard Mullin Richter & Hampton LLP on

The U.S. Supreme Court ruled Monday that the federal district courts can hear challenges to the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ 2015 Clean Water Rule, rejecting the federal...more

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

Snell & Wilmer on

Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide