News & Analysis as of July 2, 2025

Environmental Litigation

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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 -

Effluent Guidelines/Clean Water Act: Federal Appellate Court Addresses Argument that United States Environmental Protection Agency...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/25/2025

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more

Citizen Suit Enforcement Under the Industrial General Permit: How Businesses Can Avoid Substantial Costs Associated with Notice...

Allen Matkins on 6/20/2025

Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...more

California Environmental Law & Policy Update 6.6.25

Allen Matkins on 6/9/2025

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Litigation Targeting Plastics Manufacturers

Beveridge & Diamond PC on 5/16/2025

As we continue to see a rise in litigation related to plastic pollution, plastic manufacturers must remain prepared and should carefully follow the different kinds of claims to see which ones are ultimately more successful....more

America's Most Endangered Rivers: American Rivers Announces 2025 Annual Listing

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/9/2025

The organization American Rivers announced in an April 15th news release its annual list of America’s Most Endangered Rivers. The organization states that it reviews nominations for America’s Most Endangered Rivers from...more

Air/Wastewater Enforcement/Citizen Suit Action: Conservation Law Foundation and Quincy, Massachusetts Bio-based Chemical...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/6/2025

The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more

Phosphoric Acid Production Waste/Federal Court Petition for Writ of Mandamus: Center for Biological Diversity Seeks U.S....

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/20/2025

The Center for Biological Diversity and other organizations filed a March 10th Petition for Writ of Mandamus (“Petition”) before the United States Court of Appeals for the District of Columbia Circuit asking that the United...more

San Francisco v. EPA: Supreme Court Decides Clean Water Act Permits May Not Include Receiving Water Limits

Perkins Coie on 3/18/2025

In City and County of San Francisco v. Environmental Protection Agency, 604 U.S. ___, 145 S. Ct. 704 (2025), in a 5-4 decision issued on March 4, the Supreme Court of the United States struck down two provisions in San...more

Supreme Court Invalidates "End-Result" Provisions in Clean Water Act Discharge Permits

Holland & Hart LLP on 3/11/2025

The U.S. Supreme Court last week, in a 5-4 decision, held that discharge permit “end-result” requirements—those that make a permittee responsible for the quality of the receiving water into which the permittee discharges—are...more

Supreme Court Rules for Permit Holders on Age-Old CWA Dispute

Stinson LLP on 3/6/2025

In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES)...more

Supreme Court Decides City and County of San Francisco, California v. Environmental Protection Agency

Faegre Drinker Biddle & Reath LLP on 3/5/2025

On March 3, 2025, the U.S. Supreme Court decided City and County of San Francisco, California v. Environmental Protection Agency, No. 23-753, holding that Section 1311(b)(1)(A) of the Clean Water Act does not authorize the...more

Citizen Suit Actions/Clean Water Act: Environmental Integrity Project Files Lawsuits Against Two Louisiana Petroleum Coke Plants

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/14/2025

The Environmental Integrity Project (“EIP”) filed a Clean Water Act citizen suit action in the United States District Court for the Western District of Louisiana against the following: RAIN CII CARBON, LLC. – Sulfur,...more

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

Jenner & Block on 4/26/2024

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

More Litigation Concerning Plastic Pollution: Can Claims Be Both Novel and Traditional at the Same Time?

Foley Hoag LLP - Environmental Law on 12/21/2023

Last month, I advised plastics manufacturers to prepare for more litigation. Although I am generally loath to speculate, it already looks as though this prediction is coming true. Earlier this month, PennEnvironment and...more

Ten Highlights from the Environmental and Energy Space in 2023

ArentFox Schiff on 12/7/2023

Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/25/2022

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

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