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Supreme Court of the United States › Clean Water Act › Clean Air Act

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 -
Quarles & Brady LLP

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

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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

ArentFox Schiff

Will Environmental Justice Programs Be Affected by SCOTUS’s Affirmative Action Decisions?

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In the United States, environmental and public health measures often correlate to variables like education, income, and a community’s racial makeup. In the five decades since Congress began to create comprehensive...more

Mintz

Waters of the United States and Winston Churchill

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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

Mintz

Instead of criticizing House Republicans for trying to legislatively determine the reach of the Clean Water Act, House Democrats...

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Inside EPA reports that some House Democrats are criticizing their Republican colleagues for attempting to repeal EPA's eighth attempt to determine the reach of the Federal Clean Water Act by regulation. Like recent rules by...more

Mintz

The Supreme Court is out of the environmental law making business so what happens next?

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For most of my time on this planet, and all of my more than thirty years as an environmental lawyer, the nation's highest court has, with very few exceptions, blessed the United States Environmental Protection Agency's broad...more

Mintz

Yesterday the Supreme Court confirmed we can have exactly the environmental future we want to have!

Mintz on

Much has already been written about the Supreme Court's decision yesterday to tie EPA's hands in its effort to mitigate the GHG fueled climate catastrophe we face. As we prepare to celebrate the birth of our nation, I'd like...more

Mintz

The Supreme Court is shrinking its deferential strike zone and the reach of key environmental laws will almost certainly shrink as...

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Regardless of your perspective on the respective roles of Congress, the President and the Courts in creating federal environmental law, an essay by Sam Sankar of EarthJustice is well worth your time. ...more

Williams Mullen

Environmental Notes - March 2022

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On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

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The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

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“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

Pillsbury Winthrop Shaw Pittman LLP

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

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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

Williams Mullen

Environmental Notes - July 2016

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CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

Foley Hoag LLP - Environmental Law

Pre-enforcement Review? Not Enough. How About Pre-issuance Review?

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In Sackett, the Supreme Court ruled that EPA could not issue enforcement orders under the Clean Water Act without allowing the subjects of the order the right to bring a pre-enforcement challenge to such orders under the...more

Allen Matkins

California Environmental Law & Policy Update - July 2015

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Environmental and Policy Focus - BP pays record $18.7 billion to settle claims in Gulf oil spill Bloomberg - Jul 2: BP Plc reached a record $18.7 billion agreement to settle all federal and state claims from the 2010...more

Latham & Watkins LLP

U.S. Supreme Court Allows to Stand Ruling That Sources of Air Pollutants are Subject to State Common Law Tort Claims

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On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more

Allen Matkins

California Environmental Law and Policy Update - January 10, 2013

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In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

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