News & Analysis as of

Clean Water Act › Environmental Protection Agency (EPA) › Environmental Litigation

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... more +
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 -
Jenner & Block

Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role

Jenner & Block on

As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the...more

Foley Hoag LLP - Environmental Law

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

Foley Hoag LLP - Environmental Law on

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

Mintz

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Foley Hoag LLP - Environmental Law on

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

Mintz

EPA made a mess exercising its Clean Water Act residual designation authority in MA. This week the Judge washed his hands of most...

Mintz on

This week Massachusetts Federal District Court Judge Richard Stearns dismissed two counts of the Conservation Law Foundation's and Charles River Watershed Association's lawsuit against EPA and stayed until September of next...more

Meyers Nave

Sackett v. EPA: What Lies Ahead for Water Regulation and Wetland Protection?

Meyers Nave on

On May 25, 2023, the U.S. Supreme Court reversed the Ninth Circuit’s decision in the Sackett v. EPA case in favor of the Environmental Protection Agency (“EPA”) and instead held that the Clean Water Act (“CWA”) only protects...more

Harris Beach PLLC

U.S. Supreme Court Limits Scope of Regulated Wetlands

Harris Beach PLLC on

On May 23, 2023, the U.S. Supreme Court finally issued its decision in Sackett v. U.S. Environmental Protection Agency, which significantly rolls back the scope of wetlands the U.S. Environmental Protection Agency (“EPA”) and...more

Keating Muething & Klekamp PLL

U.S. Supreme Court Limits Clean Water Act’s Reach Over Wetlands

Keating Muething & Klekamp PLL on

On May 25, 2023, the U.S. Supreme Court issued its long-anticipated decision in Sackett v. EPA, a case involving homeowners who filled private residential property in order to build a home. All nine justices agreed the...more

Pillsbury - Gravel2Gavel Construction & Real...

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

Pillsbury - Gravel2Gavel Construction & Real... on

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Narrows Scope of Waters Protected by the Clean Water Act in Sackett v. EPA

Sheppard Mullin Richter & Hampton LLP on

In a long-anticipated decision on the reach of the Clean Water Act (“CWA”), the Supreme Court significantly narrowed the scope of the wetlands and other waters subject to the CWA’s protections. The Court’s opinion in Sackett...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws

Foley Hoag LLP - Energy & Climate Counsel on

On May 25, 2023, the Supreme Court issued its long-awaited decision in Sackett v. Environmental Protection Agency, which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected...more

Mintz

Waters of the United States and Winston Churchill

Mintz on

Sir Winston Churchill famously said "those that fail to learn from history are doomed to repeat it.” Of course he didn't have the nearly four decade long controversy over the reach of the Federal Clean Water Act in mind but...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Hog Catching, “Hard Looks” and Hardship Exemptions

Pillsbury - Gravel2Gavel Construction & Real... on

If “Winter comes, can Spring be far behind?” It’s been a quiet term thus far for the Supreme Court, due in part to the hearing of oral arguments in many contentious cases. Below is a brief summary of some of the recent...more

(ACOEL) | American College of Environmental...

Sackett Preview: Sound and Fury Signaling What Exactly?

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

The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. Petitioners are seeking another blockbuster ruling a la West Virginia v EPA that hamstrung EPA’s authority to...more

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

Clean Water Act/Section 404: Miccosukee Tribe of Indians of Florida Challenge U.S. Environmental Protection Agency Delegation to...

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

The Miccosukee Tribe of Indians of Florida (“Miccosukee”) filed an August 4th Complaint in the United States District Court for the Southern District of Florida against the United States Environmental Protection Agency...more

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

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

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

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Foley Hoag LLP - Environmental Law

Sometimes the Law Really Is Unambiguous — Clean Water Act Edition

Foley Hoag LLP - Environmental Law on

Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more

Farella Braun + Martel LLP

Summary of Latest Federal Action Regarding PFAS

Farella Braun + Martel LLP on

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...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

Mintz

What are Courts supposed to do when the Executive Branch says it is incapable of doing its job?

Mintz on

This week the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn what has been the law in the First Circuit for thirty years -- one can't bring a citizen...more

Foley Hoag LLP - Environmental Law

The Trump 401 Certification Rule is Vacated — Does Anyone Actually Care If Section 401 Works?

Foley Hoag LLP - Environmental Law on

Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401 of the Clean Water Act.  EPA had requested remand, and made clear that it...more

Foley Hoag LLP - Environmental Law

Maui’s “Functional Equivalent” Test: Courts Are Still Feeling Their Way

Foley Hoag LLP - Environmental Law on

Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui. The decision is not a...more

Pillsbury - Gravel2Gavel Construction & Real...

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

Pillsbury - Gravel2Gavel Construction & Real... on

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

(ACOEL) | American College of Environmental...

A Win For The Chesapeake Bay

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

The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more

38 Results
 / 
View per page
Page: of 2
Next »

"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