The Supreme Court recently issued a decision in City & County of San Francisco v. Environmental Protection Agency, which clarifies the authority of federal and state environmental enforcement agencies to include limitations in pollutant-discharge permits. The Court held the Environmental Protection Agency (“EPA”) has authority to specify the actions a permittee must take to ensure…
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On February 3, 2025, the District Court for the District of North Dakota ruled in favor of 20 Republican-led states in their challenge against the Council on Environmental Quality’s (CEQ) Phase II National Environmental Policy Act (NEPA) regulations, finalized in 2024. See State of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025)….
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On December 16, 2024, the EPA released Preliminary Effluent Guidelines Program Plan 16 (Preliminary Plan 16). The EPA prepares Preliminary Effluent Guidelines Program Plans pursuant to Clean Water Act (CWA) section 304(m). A preliminary plan describes the EPA’s annual review of effluent guidelines and pretreatment standards consistent with CWA sections 301, 304, and 307. In…
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On December 9, 2024 the Environmental Protection Agency (“EPA”) finalized the bans of two chemicals, trichloroethylene (“TCE”) and perchloroethylene (“PCE”), that have been linked to risks of cancer and other severe health conditions. The ban comes as part of the EPA’s regulatory authority under the 2016 amendments to the Toxic Substances Control Act. TCE and…
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In Marin Audubon Society v. Federal Aviation Administration, the Washington D.C. Circuit Court of Appeals considered arguments regarding a challenge to an air tour management plan that would affect four national park areas in California. No. 23-1067, 2024 WL 4745044, at *1 (D.C. Cir. Nov. 12, 2024). The plan was developed by the Federal Aviation…
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On August 15, 2024 the United States Court of Appeals for the Third Circuit held in David Schaffner, Jr. and Theresa Sue Schaffner v. Monsanto Corporation, 113 F.4th 364 (3d Cir. 2024) that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempted the Plaintiffs’ Pennsylvania state law failure to warn claims. The Third Circuit’s ruling…
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On September 5, 2024, the EPA issued a direct final rule related to a rule previously published in the Federal Register in October 2023, which requires the reporting of data related to the manufacture or import of Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”). The new direct final rule will delay the reporting period for records and…
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On June 27, 2024 the Supreme Court of the United States (“SCOTUS”) granted emergency applications by several states seeking a stay of the Environmental Protection Agency’s (“EPA”) Good Neighbor Plan pending judicial review. The Good Neighbor Plan stems from the EPA’s interpretation of ozone pollution requirements in the Clean Air Act requiring “upwind” states to…
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On June 28, 2024, the United States Supreme Court decided Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024). The underlying controversy related to details of the Magnuson-Stevens Fishery Conservation and Management Act (“MSA”), which was implemented to prevent depletion of fishery resources off the coasts of the United States. The National Marine Fisheries…
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On April 12, 2024, the United States District Court for the District of Columbia issued a ruling revoking the State of Florida’s permitting authority under the Clean Water Act. In Center For Biological Diversity v. Regan, the district court granted partial summary judgment in favor of the environmental group plaintiffs, holding that Florida’s Department of…
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