News & Analysis as of June 2, 2025

Supreme Court of the United States › Water

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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 -

California Environmental Law & Policy Update 5.2.25

Allen Matkins on 5/2/2025

The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more

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

Morgan Lewis on 3/14/2025

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

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

Stoel Rives - Environmental Law Blog on 3/7/2025

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

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

King & Spalding on 3/7/2025

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

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

Jackson Walker on 3/6/2025

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/6/2025

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

California Environmental Law & Policy Update 2.7.25

Allen Matkins on 2/7/2025

Newly-appointed U.S. Attorney General Pam Bondi wrote in a memo this Wednesday that the Justice Department will reverse a Biden-era directive to prioritize enforcement of environmental laws in disadvantaged and low-income...more

California Environmental Law & Policy Update 1.31.25

Allen Matkins on 2/3/2025

The Trump administration has asked the U.S. Supreme Court to pause its review of a case involving California’s stricter vehicle emissions and electric vehicle standards. Acting Solicitor General Sarah Harris filed the request...more

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

Beveridge & Diamond PC on 6/26/2024

What Happened? On June 21, 2024, the Supreme Court narrowly held that three states could not enter a consent decree to settle their interstate water dispute without the support of the intervening federal government. The...more

Environment & Energy Insights (June 2024)

Nutter McClennen & Fish LLP on 6/13/2024

Welcome to June’s Environment & Energy Insights Newsletter. This month we are covering: - Legal challenges to natural gas infrastructure bans, including a possible suit in Massachusetts - Possible climate/energy bill...more

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

Mintz on 5/23/2024

EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

2024 Litigation Look Ahead Series: SCOTUS’ Pass on Cases Sets Up Continued Fight Over Tribal Water Rights, State Mineral...

Beveridge & Diamond PC on 3/28/2024

B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our...more

California Environmental Law & Policy Update 2.23.24

Allen Matkins on 2/26/2024

During arguments on Wednesday in the most significant environmental dispute before the U.S. Supreme Court this year, the Court's conservative justices expressed skepticism over the Environmental Protection Agency's efforts to...more

Post-Sackett, Who Will Speak for the Clean Water Act?

Foley Hoag LLP - Environmental Law on 1/2/2024

Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the...more

Supreme Court Delivers Landmark Decision on Navajo Water Rights and Trust Obligations

Schwabe, Williamson & Wyatt PC on 7/7/2023

On June 22, 2023, the United States Supreme Court handed down its third decision regarding federal Indian law this term. In a 5-4 decision, the Court held that the Navajo Treaty of 1868 does not require the United States to...more

Arizona v. Navajo Nation

Kilpatrick on 7/3/2023

The Majority Opinion - Last Thursday, the United States Supreme Court issued its opinion in Arizona v. Navajo Nation, the third Supreme Court Indian law decision in the last two weeks. Released on the heels of a major...more

Latest U.S. Supreme Court Decision a Setback for Native Tribes and Their Rights

Procopio, Cory, Hargreaves & Savitch LLP on 6/28/2023

In a highly unwelcome decision for Native tribes relying on treaties with the U.S. government, the U.S. Supreme Court held recently that the government’s general trust obligation to Navajo Nation does not require the federal...more

U.S. Supreme Court Declines to Expand the Reserved Water Right

Beveridge & Diamond PC on 6/28/2023

On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to...more

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

Stoel Rives LLP on 6/27/2023

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The...more

Supreme Court Decides Arizona v. Navajo Nation

Faegre Drinker Biddle & Reath LLP on 6/23/2023

On June 22, 2023, the U.S. Supreme Court decided Arizona v. Navajo Nation, No. 21-1484, holding that the federal government is not obligated to affirmatively secure access to water for the Navajo Nation....more

The Supreme Court Update - June 22, 2023

Dorsey & Whitney LLP on 6/23/2023

The Supreme Court of the United States issued four decisions today: Arizona v. Navajo Nation, No. 21-1484: This case considered the federal government’s obligations related to the Navajo Tribe’s access of the Colorado...more

Court Rules Against Navajo Water Rights, Statutory Habeas Corpus – SCOTUS Today

Epstein Becker & Green on 6/23/2023

With four decisions yesterday, the Court has now cut its backlog down to the mid-teens. And with decisions likely today as well, the Court is well on its way to clearing the docket as the term ends....more

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Foley Hoag LLP - Environmental Law on 6/7/2022

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Winters Water Rights Revived After Navajo Nation Case

Schwabe, Williamson & Wyatt PC on 4/12/2022

For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more

Equitable Apportionment of Interstate Waters Sinks to New Levels

Troutman Pepper Locke on 12/8/2021

In a landmark ruling signaling a new lens with which to view the treatment of interstate water allocation, the U.S. Supreme Court issued a decision on November 22 in Mississippi v. Tennessee, et al., 595 U.S. ___ (Case No....more

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Supreme Court of the United States › Water

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