News & Analysis as of September 21, 2024

Chevron Deference

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

Quarles & Brady LLP on 7/24/2024

Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,...more

Confronting Regulatory Fluidity in the Post-Maui and Post-Sackett World of Water Regulation

Pillsbury Winthrop Shaw Pittman LLP on 2/26/2024

Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more

Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act

ArentFox Schiff on 8/18/2023

The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more

How the Sackett Decision Changed the Chevron Doctrine

McGlinchey Stafford on 7/19/2023

The Chevron doctrine is one of the most important principles of administrative law in the United States. It states that when a federal statute is ambiguous, courts should defer to the reasonable interpretation of the agency...more

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

Davis Wright Tremaine LLP on 6/21/2023

In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more

SCOTUS Latest Clean Water Act Decision Raises More Questions About Chevron’s Future

Ballard Spahr LLP on 6/14/2023

In its decision last week in Sackett v. Environmental Protection Agency, the U.S. Supreme Court issued a unanimous ruling that severely limits the federal government’s jurisdiction over wetlands and tributaries. Specifically,...more

Four Administrative Law Takeaways from the DC Circuit’s Recent Perchlorate Decision

ArentFox Schiff on 5/22/2023

Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues. Below, we draw some key administrative law takeaways from the DC Circuit’s May 9 decision in National...more

2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

(ACOEL) | American College of Environmental... on 3/28/2023

On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection...more

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

Foley Hoag LLP - Environmental Law on 6/7/2022

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

More Evidence that Chevron Is Not a Liberal Plot

Foley Hoag LLP - Environmental Law on 12/2/2019

November 26, 2019, Judge William Young ruled that discharges to groundwater are not subject to Clean Water Act jurisdiction, even if they ultimately reach surface waters that are unambiguously waters of the United States. He...more

More Sauce For the Chevron Goose

Foley Hoag LLP - Environmental Law on 8/14/2019

Last week, EPA proposed revisions to its regulations governing the issuance of water quality certifications under § 401 of the Clean Water Act. The regulations are long-overdue and, notwithstanding the source, some of the...more

EPA’s Water Transfers Rule Resurrected, but For How Long?

Williams Mullen on 4/4/2017

The United States Court of Appeals for the Second Circuit recently resurrected EPA’s embattled Water Transfers Rule (“WTR”) in a case particularly important to municipal water suppliers and others engaged in interbasin...more

Environmental Case Law Update

Pillsbury Winthrop Shaw Pittman LLP on 10/17/2016

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

Pillsbury Winthrop Shaw Pittman LLP on 8/4/2016

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

K&L Gates LLP on 7/16/2015

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

A Federal Court Rules that Increased Conductivity Impairs a Stream — How Shocking!

Foley Hoag LLP - Environmental Law on 2/2/2015

On Tuesday, Chief Judge Robert Chambers ruled that Fola Coal Company violated the Clean Water Act by discharging mine waste with sufficiently high levels of conductivity to cause or materially contribute to impairment of...more

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