News & Analysis as of

Supreme Court of the United States Clean Water Act Petition for Writ of Certiorari

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

Lippes Mathias LLP

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

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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,...

Waters of the United States/Clean Water Act: U.S. Supreme Court Issues Opinion in Sackett v. U.S. Environmental Protection Agency

The United States Supreme Court (“SCT”) issued an Opinion on May 25th in Sackett v. Environmental Protection Agency, et al., addressing the scope of the Clean Water Act definition “Waters of the United States” (“WOTUS”). ...more

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

Waters of the United States/Sackett v. U.S. Environmental Protection Agency: Southern Environmental Law Center/Natural Resources...

The Southern Environmental Law Center and Natural Resources Defense Council (collectively, “SELC”) filed a joint Amicus brief in the Supreme Court of the United States appeal styled: Michael Sackett, et ux. v. U.S....more

Morgan Lewis

Supreme Court Stays District Court Order Vacating 2020 Clean Water Act Certification Rule

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The US Supreme Court issued an order on April 6 staying the district court vacatur of the US Environmental Protection Agency’s 2020 Clean Water Act Section 401 Certification Rule, which imposed restrictions on state and...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

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Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: SCOTUSblog Post Discusses U.S. Supreme Court Argument

Georgetown University Law Professor Lisa Heinzerling discusses the recent oral argument in County of Maui, Hawaii v. Hawaii Wildlife Fund in a November 7th SCOTUSblog post. The United States Supreme Court had previously...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae United States/Maui U.S. Supreme...

The United States through the Solicitor General (“U.S.”) filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al. The United States Supreme Court...more

Womble Bond Dickinson

SCOTUS Will Review a Portion of the County of Maui Case Involving a Clean Water Act Citizen Suit

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The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of...more

WilmerHale

Solicitor General Asks Supreme Court to Review the Decisions Adopting the Groundwater as Conduit Theory

WilmerHale on

In consideration of a request for a writ of certiorari in the cases County of Maui v. Hawaii Wildlife Fund, No. 18-260 and Kinder Morgan Energy Partners v. Upstate Forever, No. 18-268, the US Supreme Court invited the views...more

Burr & Forman

SCOTUS Seeks Views of Solicitor General in Groundwater Cases

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On December 3, 2018, the Supreme Court of the United States took a rare step in specifying a deadline by which the U.S. Solicitor General may offer input in two certiorari petitions involving the scope of the Clean Water Act....more

Williams Mullen

Chesapeake Bay TMDL Here to Stay

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The U.S. Supreme Court has declined to consider an appeal challenging EPA’s Chesapeake Bay Total Daily Maximum Load (TMDL), thereby bringing to an end the contentious years-long litigation over its legality. The Court’s...more

Beveridge & Diamond PC

Coal and Transportation Companies Challenge Ninth Circuit Decision Limiting CWA Permit Shield Defense

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On March 3, 2015, Aurora Energy Services, LLC and the Alaska Railroad Corp. filed a petition for writ of certiorari asking the United States Supreme Court to resolve a circuit split regarding the scope of the Clean Water...more

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