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Pollution Control Supreme Court of the United States Environmental Policies

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

BakerHostetler

Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

BakerHostetler on

On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell...more

Venable LLP

Textualism Is More Than Dictionaries: The Supreme Court's Latest Clean Water Act Decision Looks to History and Context

Venable LLP on

When it rains too much in San Francisco, the city's wastewater treatment plant can get overloaded. An overloaded wastewater treatment plant means that a city-operated, EPA-permitted point source in the Pacific Ocean could...more

DLA Piper

Supreme Court Limits EPA's Permitting Authority Under the Clean Water Act

DLA Piper on

The Supreme Court recently ruled that the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to impose “generic” or “end-result” prohibitions in National Pollutant Discharge Elimination System...more

McGlinchey Stafford

SCOTUS Rolls Back EPA’s Permitting Authority under the CWA

McGlinchey Stafford on

On March 4, 2025, the United States Supreme Court issued its ruling in City and County of San Francisco v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency (EPA)’s permitting authority under...more

Allen Matkins

Supreme Court Says EPA has no Authority to Impose “End-Result” Requirements in Clean Water Act Permits

Allen Matkins on

On Tuesday, March 4, 2025, the Supreme Court issued an opinion in City and County of San Francisco, California v. Environmental Protection Agency, U.S. No. 23-753 in which the City and County of San Francisco (San Francisco)...more

Goldberg Segalla

Supreme Court Requires EPA to Set Specific Targets in Water Permits

Goldberg Segalla on

The U.S. Supreme Court on Tuesday, in San Francisco v. EPA, held in a 5-4 decision that the EPA cannot enforce requirements in wastewater permits that “do not spell out what a permittee must do or refrain from doing.” San...more

Stoel Rives - Environmental Law Blog

SCOTUS Strikes Down “End-Result” Limitations in NPDES Permits

Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge...more

King & Spalding

Supreme Court Rules EPA’s Wastewater Discharge Permits May Not Include “End-Result” Provisions

King & Spalding on

In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more

Goldberg Segalla

SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards

Goldberg Segalla on

In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...more

Allen Matkins

California Environmental Law & Policy Update 10.18.24

Allen Matkins on

California officials have been working on a plan to preserve the state’s leading edge environmental and climate policies, in the event that former President Donald J. Trump returns to the White House and follows through on...more

Stoel Rives - Environmental Law Blog

Ohio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP

The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the...more

Epstein Becker & Green

Another Leak Confirmed and Other Important Decisions and Divisions Issued, but Not Loper or Trump - SCOTUS Today

Epstein Becker & Green on

The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more

Jones Day

U.S. Supreme Court Curbs Executive Power and Reach of EPA

Jones Day on

What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more

Quarles & Brady LLP

Supreme Court Curbs EPA’s Approach to Regulating GHG Emissions from Existing Power Plants

Quarles & Brady LLP on

On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate...more

Stinson LLP

Supreme Court Rejects EPA's Power on Climate Change Regulations

Stinson LLP on

The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more

Kohrman Jackson & Krantz LLP

U.S. Supreme Court Limits EPA’s Authority to Curb Greenhouse Gas Emissions

In a 6-3 opinion, the high court struck a major blow to the United States Environmental Protection Agency (the EPA), ruling the EPA cannot provide states with the right to issue regulations reducing the amount of carbon...more

Burr & Forman

Supreme Court Says EPA Went Too Far on Regulating Climate Change

Burr & Forman on

On June 29, 2022, the U.S. Supreme Court ruled that an arcane portion of the Clean Air Act (“CAA”), infrequently used by the EPA, could not serve as appropriate delegation of legislative authority to regulate greenhouse gas....more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

Butler Snow LLP

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

Butler Snow LLP on

Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As...more

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