In Waterkeeper Alliance v. EPA, the Ninth Circuit held that the Environmental Protection Agency failed to properly consider key factors when it declined to revise technology-based Effluent Limitations Guidelines and Standards (ELGs) for seven industrial categories. The ruling suggests the Environmental Protection Agency (EPA) may face increased pressure to revisit existing discharge requirements across
Seven County Infrastructure Coalition v. Eagle County: Agencies Granted Substantial Deference in Assessing Project Scope and Environmental Impacts
In a significant decision interpreting the National Environmental Policy Act (NEPA), the U.S. Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado on May 29, 2025. For certain projects, NEPA requires federal agencies to prepare Environmental Impact Statements (EIS) that detail significant environmental effects of the proposed action along with
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 pollutants to waters of the United States (“WOTUS”). This week, the Supreme Court clarified in San Francisco v. EPA (Case No. 23-753) that the