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Statutory Interpretation Clean Water Act

Quarles & Brady LLP

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

Quarles & Brady LLP on

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

(ACOEL) | American College of Environmental...

Oh, Congress Forgot The Science

In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: SLUSA and U.S. Waters

This week, we take a look at two Ninth Circuit decisions wrestling with issues of statutory interpretation.  In the first, the Court considered the Securities Litigation Uniform Standards Act’s prohibition of state-law claims...more

Foley Hoag LLP - Environmental Law

More Evidence that Chevron Is Not a Liberal Plot

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

Foley Hoag LLP - Environmental Law

More Sauce For the Chevron Goose

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

Akin Gump Strauss Hauer & Feld LLP

The River No Longer Runs through It: EPA to Cease Regulating Releases of Pollutants to Groundwater

After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more

BakerHostetler

Ninth Circuit’s Fanciful Interpretation of the Clean Water Act Ripe for another Reversal?

BakerHostetler on

Shortly after admonishing the Ninth Circuit for its strained interpretation of the Clean Water Act (“CWA”), the Supreme Court may be asked to repeat itself. On January 8, 2013, in Los Angeles County Flood Control District v....more

Foley Hoag LLP - Environmental Law

When is the Meaning of a Statute Sufficiently Plain? The D.C. Circuit Restores EPA Authority to Withdraw Approval of Section 404...

In a decision on Tuesday that must have sent shivers down the spine of every coal company executive, the D.C. Circuit Court of Appeals restored EPA’s authority to withdraw the specification of streams for the disposal of...more

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