News & Analysis as of

Pollution Control Supreme Court of the United States NPDES

Latham & Watkins LLP

Supreme Court Waves Goodbye to Clean Water Act End-Result Requirements

Latham & Watkins LLP on

The landmark decision alters the NPDES permit landscape, shifting the focus to specific actions over general outcomes....more

Perkins Coie

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

Perkins Coie on

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

Morgan Lewis

In Yet Another Decision Restricting EPA Authority, US Supreme Court Holds EPA Cannot Set CWA Permit Limits

Morgan Lewis on

The US Supreme Court held in City and County of San Francisco v. EPA that the US Environmental Protection Agency lacks authority under the Clean Water Act to include “end-result” limitations in National Pollutant Discharge...more

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

Holland & Hart LLP

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

Holland & Hart LLP on

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

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

Stinson LLP

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

Stinson LLP on

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

Jackson Walker

U.S. Supreme Court Limits EPA’s Wastewater Permitting Authority in Major Clean Water Act Decision

Jackson Walker on

On March 4, 2025, the United States Supreme Court issued a decision in City and County of San Francisco v. Environmental Protection Agency[i], which restricted the scope of the Environmental Protection Agency’s (“EPA”)...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more

Faegre Drinker Biddle & Reath LLP

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

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

Lippes Mathias LLP

City and County of San Francisco v. Environmental Protection Agency: Supreme Court to Decide the Limits of National Pollutant...

Lippes Mathias LLP on

On May 28, 2024, the Supreme Court announced that it would review a Clean Water Act (CWA) case brought by the City of San Francisco (“San Francisco” or “the City”) against the U.S. Environmental Protection Agency (EPA). The...more

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

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

Mintz

Soon we'll have EPA guidance responding to the Supreme Court's Maui decision, but it may not be much.

Mintz on

The ever-vigilant Sam Hess of Inside EPA has posted an August presentation by an EPA official at the Association of Clean Water Administrators’ Annual Meeting.  That presentation says that EPA has drafted new guidance based...more

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