News & Analysis as of

Water Quality Environmental Protection Agency (EPA) Permits

Beveridge & Diamond PC

Emerging Developments in the Treatment and Beneficial Use of Produced Water in Texas

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Key Developments - At the end of the legislative session, Texas Governor Greg Abbott signed House Bill 49, limiting tort actions relating to the beneficial use of produced water, a byproduct of oil and gas extraction....more

Greenberg Glusker LLP

Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits

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On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more

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

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more

Dickinson Wright

Supreme Court Limits EPA's Power Over NPDES Water Permits

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In a much-anticipated decision, the U.S. Supreme Court significantly narrowed the EPA's authority under the Clean Water Act (CWA) to impose so-called "end-result" requirements in NPDES permits. These "end-result" requirements...more

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

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The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public...more

Harris Beach Murtha PLLC

Supreme Court Ruling on EPA Water Permits

The United States Supreme Court has issued a significant ruling in the case of San Francisco v. EPA, directing the Environmental Protection Agency (EPA) to retool its wastewater permitting process under the Clean Water Act....more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

BakerHostetler

Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

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On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell...more

WilmerHale

San Francisco v. EPA: Impact on Clean Water Act Permittees

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On Tuesday, March 4, the United States Supreme Court issued a major decision limiting the scope of the Environmental Protection Agency’s (EPA) authority under the Clean Water Act (CWA) as relates to permits governing...more

Nossaman LLP

City and County of San Francisco vs. EPA: Implications for Clean Water Act Permittees

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On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

Snell & Wilmer

Supreme Court Decision Casts Doubt on Common Stormwater and Wastewater Permit Terms

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In a decision of the U.S. Supreme Court under the federal Clean Water Act, the Court threw out two requirements in the City of San Francisco’s wastewater discharge permit. The same or similar requirements are probably in your...more

Holland & Knight LLP

In San Francisco v. EPA, Supreme Court Continues Its "Righting" of the Clean Water Act

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With its opinion in San Francisco v. EPA, the U.S. Supreme Court has again acted to "right" the implementation of the federal Clean Water Act by overturning a U.S. Court of Appeals for the Ninth Circuit interpretation of the...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more

Dorsey & Whitney LLP

The Supreme Court Update - May 28, 2024

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Today, the Supreme Court of the United States granted certiorari in one case: San Francisco v. EPA, No. 23-753: This case involves interpretation of the federal Clean Water Act (CWA) and its National Pollutant Discharge...more

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

Section 401/Clean Water Act: Arkansas Attorney General and 10 Other States Challenge U.S. Environmental Protection Agency...

Arkansas Attorney General Tim Griffin and 10 other states filed in the United States District Court for the Western District of Louisiana (“Court”) a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the...more

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

Arkansas Division of Environmental Quality/Office of Water Quality Update: Stacie Wassell (Deputy Associate Director) Arkansas...

Ms. Stacie Wassell undertook a presentation on October 6th at the Arkansas Environmental Federation Convention titled: Office of Water Quality Update (“Presentation”) - Ms. Wassell serves as the Deputy Associate Director...more

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

Missouri Nutrient Trading Program: Missouri Department of Natural Resources Public Notices Draft Revisions

The Missouri Department of Natural Resources (“MDNR”) is public noticing a revised draft of its Missouri Nutrient Trading Program (“Draft”) that was originally announced in April. MDNR states that the document outlines...more

Lippes Mathias LLP

EPA Proposes New Water Quality Certification Rule in Response to Trump Administration’s 2020 Regulatory Changes

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On June 1, 2022, the U.S. Environmental Protection Agency (“EPA”) released a Proposed Rule aimed at modifying the Clean Water Act (“CWA”) Section 401 Certification Process in response to regulatory changes made by the Trump...more

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

Section 401/Clean Water Act: Federal Court Addresses EPA Dismissal Motion Related to Challenge to Certification Rule

The United States District Court (Eastern District of Pennsylvania) (“Court”) addressed in a December 18th Opinion and Order (collectively “Order”) the United States Environmental Protection Agency’s (“EPA”) Motion to Dismiss...more

Farella Braun + Martel LLP

New EPA Clean Water Act Rule Attempts to Streamline Permitting Process

Earlier this week, the U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” (Rule). The Rule comes with significant procedural and substantive changes to the certification...more

Davis Wright Tremaine LLP

Supremes Let Hoopa Stand, Leave Door Open for EPA to Reshape CWA 401

On December 9, the Supreme Court denied certiorari to review the D.C. Circuit Court of Appeals ruling in Hoopa Valley Tribe v. FERC. As reported in this space, in January the D.C. Circuit roundly rejected the common practice...more

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

Low Flow Statistics Tools: U.S. Environmental Protection Agency Issues October 2018 Input for NPDES Permit Writers

The United States Environmental Protection Agency (“EPA”) issued an October 2018 publication titled: Low Flow Statistics Tools – A How-To Handbook for NPDES Permit Writers (“Handbook”) - See EPA-833-B-18-001. EPA...more

Stoel Rives - Environmental Law Blog

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

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