News & Analysis as of

Water Supreme Court of the United States Environmental Protection Agency (EPA)

Allen Matkins

California Environmental Law & Policy Update 5.2.25

Allen Matkins on

The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more

Morgan Lewis

In Yet Another Decision Restricting EPA Authority, US Supreme Court Holds EPA Cannot Set CWA Permit Limits

Morgan Lewis on

The US Supreme Court held in City and County of San Francisco v. EPA that the US Environmental Protection Agency lacks authority under the Clean Water Act to include “end-result” limitations in National Pollutant Discharge...more

Stoel Rives - Environmental Law Blog

SCOTUS Strikes Down “End-Result” Limitations in NPDES Permits

Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge...more

King & Spalding

Supreme Court Rules EPA’s Wastewater Discharge Permits May Not Include “End-Result” Provisions

King & Spalding on

In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more

Jackson Walker

U.S. Supreme Court Limits EPA’s Wastewater Permitting Authority in Major Clean Water Act Decision

Jackson Walker on

On March 4, 2025, the United States Supreme Court issued a decision in City and County of San Francisco v. Environmental Protection Agency[i], which restricted the scope of the Environmental Protection Agency’s (“EPA”)...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

Allen Matkins

California Environmental Law & Policy Update 2.7.25

Allen Matkins on

Newly-appointed U.S. Attorney General Pam Bondi wrote in a memo this Wednesday that the Justice Department will reverse a Biden-era directive to prioritize enforcement of environmental laws in disadvantaged and low-income...more

Allen Matkins

California Environmental Law & Policy Update 1.31.25

Allen Matkins on

The Trump administration has asked the U.S. Supreme Court to pause its review of a case involving California’s stricter vehicle emissions and electric vehicle standards. Acting Solicitor General Sarah Harris filed the request...more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

Mintz on

EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

Beveridge & Diamond PC

2024 Litigation Look Ahead Series: SCOTUS’ Pass on Cases Sets Up Continued Fight Over Tribal Water Rights, State Mineral...

Beveridge & Diamond PC on

B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our...more

Allen Matkins

California Environmental Law & Policy Update 2.23.24

Allen Matkins on

During arguments on Wednesday in the most significant environmental dispute before the U.S. Supreme Court this year, the Court's conservative justices expressed skepticism over the Environmental Protection Agency's efforts to...more

Foley Hoag LLP - Environmental Law

Post-Sackett, Who Will Speak for the Clean Water Act?

Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the...more

Foley Hoag LLP - Environmental Law

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

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

Pillsbury - Gravel2Gavel Construction & Real...

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases....more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

Here are some significant environmental and regulatory rulings and administrative actions from December 2020. THE U.S. SUPREME COURT - Texas v. New Mexico On December 14, 2020, the U.S. Supreme Court decided a water rights...more

Allen Matkins

California Environmental Law & Policy Update - December 2019

Allen Matkins on

Focus - U.S. Supreme Court leans toward disallowing private party remedy claims in Montana Superfund case - Reuters – December 3 - U.S. Supreme Court justices this Tuesday appeared inclined to shield a unit of BP Plc, a...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

Butler Snow LLP

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

Butler Snow LLP on

Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As...more

Allen Matkins

California Environmental Law & Policy Update - March 2018

Allen Matkins on

Focus - U.S. Supreme Court lets stand EPA's permit exemption for water transfers - Reuters - Feb 26 The U.S. Supreme Court on Monday unanimously declined to review a challenge led by states and environmental groups to a...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Ruling Could Lead to “Inconsistencies, Uncertainty, and Confusion” in Waters and Wetlands Regulatory Regime

On January 22, 2018, the United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the...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

Allen Matkins

California Environmental Law & Policy Update - June 2016

Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Allen Matkins

California Environmental Law & Policy Update - March 2016

Allen Matkins on

Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

Allen Matkins

California Environmental Law & Policy Update - February 2016 #2

Allen Matkins on

Environmental and Policy Focus - Supreme Court deals blow to President Obama’s efforts to regulate power plant greenhouse gas emissions - New York Times - Feb 9 - In a major setback for President Obama’s...more

Allen Matkins

California Environmental Law and Policy Update - May 2014

Allen Matkins on

Environmental and Policy Focus - California drought: plan would reverse aqueduct flow to send water back to farms: San Jose Mercury News - May 8: Water has flowed from Northern California's snow-capped peaks to the...more

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