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Supreme Court of the United States Clean Water 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 -
Nossaman LLP

Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits

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In this episode of Digging Into Land Use Law, Byron Gee, Willis Hon and Sara Johnson review in detail the recent Supreme Court opinion in City and County of San Francisco vs. EPA and its implications for Clean Water Act...more

Beveridge & Diamond PC

One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

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Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include...more

Latham & Watkins LLP

Trump Administration Pursues Deregulation in a Trio of Orders

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The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive....more

Bricker Graydon LLP

Supreme Court Limits EPA Permitting Authority in City and County of San Fran v. US EPA

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On March 4, 2025, the U.S. Supreme Court issued a 5-4 opinion in City and County of San Francisco v. Environmental Protection Agency, holding that “end-result” requirements routinely imposed by the EPA in NPDES permits issued...more

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

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On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Clark Hill PLC

Administrative Law Report - April 2025, Vol. 6

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed. ...more

Williams Mullen

Clean Water Act: The End of “End-Result” Permitting

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The Supreme Court of the United States’ recent Clean Water Act decision in City of San Francisco v. EPA has sent shockwaves through the environmental community by prohibiting EPA and state agencies’ common practice of...more

Dickinson Wright

Supreme Court Limits EPA's Power Over NPDES Water Permits

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In a much-anticipated decision, the U.S. Supreme Court significantly narrowed the EPA's authority under the Clean Water Act (CWA) to impose so-called "end-result" requirements in NPDES permits. These "end-result" requirements...more

Womble Bond Dickinson

Nondelegation and Environmental Law - March 2025

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Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more

Brownstein Hyatt Farber Schreck

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to...more

Morris, Manning & Martin, LLP

Corps and EPA Rescind Biden Wetland Guidance – Move to Revise “Waters of the United States” Definition

On March 12, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a Federal Register notice stating their intent to review the definition of “waters of the United States” (“WOTUS”), which...more

Beveridge & Diamond PC

B&D, City and County of San Francisco Secure U.S. Supreme Court Win on Major Clean Water Act Issue

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On March 4, the City and County of San Francisco and a Beveridge & Diamond (B&D) team led by Principal Drew Silton (Washington, DC), secured a significant victory in the U.S. Supreme Court in City and County of San Francisco...more

Best Best & Krieger LLP

EPA Seeks Public Input on WOTUS Implementation Post-Sackett Ruling

On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more

Nossaman LLP

Corps Permitting Developments Under a Second Trump Term

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Just two months into President Trump’s second term, project applicants are navigating a series of changes to U.S. Army Corps of Engineers’ (Corps) Clean Water Act (CWA) Section 404 permitting. Upon his inauguration, President...more

Goldberg Segalla

New Guidance for Defining the ‘Waters of the United States’

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The Environmental Protection Agency announced March 10 it will be revising the definition for the Waters of the United States Rule (WOTUS). In a news release it said, “[t]he agencies will move quickly to ensure that a revised...more

Latham & Watkins LLP

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

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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

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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

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Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Memorandum Addressing...

The United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively, “EPA”) issued guidance on March 12th entitled: Memorandum To The Field Between The U.S. Department Of The Army,...more

Morgan Lewis

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

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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

Bracewell LLP

EPA and the Army Make More Waves on WOTUS

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On March 12, the Environmental Protection Agency and the Office of the Assistant Secretary of the Army took steps to address lingering questions about the meaning and implementation of “waters of the United States” (WOTUS)...more

Snell & Wilmer

Federal Agencies to Revise Waters of the United States Rule

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The Waters of the United States (WOTUS) Rule is an ongoing conundrum to all those subject to it, most especially in trying to ascertain exactly which water ways qualify under the Rule. The U.S. Environmental Protection Agency...more

Clark Hill PLC

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

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In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s...more

Jones Day

U.S. Supreme Court Limits EPA Clean Water Act Permitting Authority

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On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state...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

Roetzel & Andress

U.S. Supreme Court Narrows NPDES Permit Requirements in San Francisco v. EPA

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On March 4th, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks the authority under the federal Clean Water Act (CWA) to include “end-result requirements” in wastewater and storm water discharge...more

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