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Arguments in City and County of San Francisco v. EPA were heard before the Supreme Court of the United States (SCOTUS) in October. The question before SCOTUS is whether the Clean Water Act (CWA) allows the EPA (or an authorized state) “to impose generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits that subject […]
On October 16, 2024, the U.S. Supreme Court (SCOTUS) declined to put a hold on a Clean Air Act (CAA) regulation for New Source Performance Standards (NSPS) that went into effect on July 8, 2024. The regulation addresses greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs) by: “The justices denied emergency requests […]
On October 21, 2024, the U.S. Supreme Court (SCOTUS) agreed to hear several EPA-related cases to determine which federal courts are the proper venues for specific EPA actions. The specific cases are: Although the Oklahoma and Pacificorp cases appear to be unrelated, they’ve been consolidated to determine “which courts can hear objections to a rejection […]
In a 5-to-4 ruling delivered June 27, 2024, the U.S. Supreme Court (SCOTUS) delivered yet another blow to EPA authority when it placed the Agency’s “Good Neighbor” rule on hold. The “Good Neighbor” rule, also known as the “Cross State Air Pollution Rule” (CSAPR), was designed to cut pollution from power plants and other industrial […]
On June 28, 2024, the U.S. Supreme Court (SCOTUS) made history in issuing a landmark 6-to-3 ruling overturning a 40-year-old administrative law standard known as Chevron deference. The ruling opens the door for a tsunami of legal challenges to federal rulemaking. Federal regulations affect nearly every facet of daily life, from the cars we drive […]
EPA Clean Water Act (CWA) wastewater regulations are set to face U.S. Supreme Court (SCOTUS) scrutiny. In the case City and County of San Francisco v. EPA, San Francisco is suing the EPA over generic water quality prohibitions in permitting decisions. “The EPA had urged the Supreme Court to decline the petition, insisting narrative limitations […]
Two cases, heard in tandem before the U.S. Supreme Court (SCOTUS) in January, have given the conservative high court justices the opportunity to decide whether to overturn, modify, or clarify the Chevron deference, an administrative law precedent that holds that the judicial branch should defer to federal agency decisions in matters when the applicable statutes […]
In December 2023, the U.S. Supreme Court (SCOTUS) declined to hear a case challenging the EPA’s authority to address climate pollution under the Clean Air Act (CAA). The Concerned Household Electricity Consumers Council (CHECC) and the FAIR Energy Foundation (Fair), the two groups requesting SCOTUS review, have taken a well-known stance that denies the integrity […]
Loper Bright Enterprises v. Raimondo, an upcoming case that will be heard by the U.S. Supreme Court (SCOTUS) this fall, is being closely watched because its decision is expected to determine whether the Chevron defense will reach its 40th birthday in 2024 or whether the precedent will fade away. The Chevron defense sets a legal […]
On August 29, 2023, the EPA and the U.S. Army Corps of Engineers (Corps) announced a final rule amending the 2023 definition of “waters of the United States (WOTUS)” to conform with the recent U.S. Supreme Court (SCOTUS) decision in Sackett v. EPA. Having a clear and defensible definition of WOTUS is critical for Clean […]