Supreme Court

May 25, 2023

Supreme Court Narrows Scope of Clean Water Act in Landmark Sackett Case

The U.S. Supreme Court has issued its opinion in the landmark Clean Water Act (“CWA”) case of Sackett v. EPA, No. 21-454 (May 25, 2023). This decision delivers a significant change in terms of the reach and jurisdiction of the CWA, and supplies some harsh critiques between the Justices that all agreed in the judgement… Continue reading

Water

Allison A. Torrence, Clean Water Act, CWA, Sackett, SCOTUS, Supreme Court, Waters of the United States, wetlands, WOTUS
April 13, 2023

New WOTUS Rule Halted in Half of Country by Federal District Court

On April 12, 2023, a federal district court judge in North Dakota issued a temporary injunction blocking implementation of the EPA and Army Corps of Engineers regulations redefining Waters of the United States (“WOTUS”) under the Clean Water Act (“CWA”) (the “2023 WOTUS Rule”). Continue reading

Groundwater, Water

Allison A. Torrence, Army Corps of Engineers, Clean Water Act, CWA, EPA, Sackett, SCOTUS, Supreme Court, Waters of the United States, WOTUS
July 1, 2022

West Virginia v. EPA: The Major Questions Doctrine Arrives to Rein in Administrative Powers

On the final day of its 2022 term, the Supreme Court issued its highly-anticipated opinion in the case of West Virginia v. EPA, 579 U.S. __ (2022), addressing EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act (“CAA”), but having much broader implications for the authority of all administrative agencies, signaling a… Continue reading

Air, Climate Change, COVID-19, Greenhouse Gas, OSHA

administrative agency, Allison A. Torrence, Chief Justice Roberts, Climate Change, EPA, GHGs, Justice Kagan, major questions doctrine, Supreme Court, Tatjana Vujic
April 19, 2022

Earth Week Series: The Future of Environmental Regulation

As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years ago in 1970, and has been tasked with promulgating and enforcing some of the most complex regulations… Continue reading

Air, CERCLA, Climate Change, Contamination, COVID-19, Emerging Contaminants, Greenhouse Gas, OSHA, RCRA, TSCA, Water

administrative law, CERCLA, Clean Air Act, Clean Water Act, Environmental Law, EPA, ETS, OSHA, RCRA, Supreme Court, TSCA, West Virginia
January 24, 2022

WOTUS to Get The SCOTUS Treatment, Again

On January 24, 2022, the U.S. Supreme Court agreed to hear a case on the scope and authority of the Clean Water Act (“CWA”). The Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency, 19-35469, on appeal from the U. S. Court of Appeals for the Ninth Circuit. Continue reading

Real Estate and Environment, Water

Allison A. Torrence, Army Corps, CWA, EPA, Kennedy, Sackett, Scalia, SCOTUS, significant nexus, Supreme Court, Waters of the United States, WOTUS
May 25, 2021

Supreme Court Narrows Triggers for CERCLA Contribution Actions

In a unanimous decision authored by Justice Thomas, the Supreme Court of the United States ruled in the case of Guam v. United States, No. 20-382, 593 U.S. __ (2021), that a party must resolve “CERCLA-specific liability” in order to trigger contribution rights under § 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act… Continue reading

CERCLA, Contamination, Groundwater, Hazmat, Real Estate and Environment

Allison Torrence, CERCLA, contribution, Guam, Justice Thomas, SCOTUS, Supreme Court
June 26, 2020

Trends in Climate Change Lawsuits: State Common Law Issues

As we have discussed in our previous blog posts, a growing form of climate change litigation in the United States consists of lawsuits filed by states or municipalities against private industry, and more specifically, the fossil-fuel industry. States, cities and other units of local government have filed lawsuits alleging state common law theories, including nuisance,… Continue reading

Climate Change

28 U.S.C. § 1442, 28 U.S.C. § 1447(d), appellate, assert climate change claims, Baltimore, Chevron, City of N.Y. v. BP P.L.C.. 325 F. Supp. 3d 466 (S.D.N.Y. 2018), Clean Air Act, Climate Change, Consumer Protection Act, failure to warn, federal court, Fossil fuel, litigation, local government, Maryland’s Consumer Protection Act, Mayor and City Council of Baltimore v. BP PLC, nuisance, Oakland, petition for a writ of certiorari, remand order, Rhode Island, San Mateo, state court, Supreme Court, trespass
April 23, 2020

Supreme Court Expands the Reach of Clean Water Act Permitting Authority

On April 23, 2020, the U.S. Supreme Court issued an important decision on the reach of the Clean Water Act (“CWA”). The Court’s decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, Case No. 18–260, addresses whether the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable… Continue reading

Water

Allison A. Torrence, Breyer, Clean Water Act, CWA, EPA, Groundwater, Hawaii, Maui, Supreme Court, Water
October 22, 2018

Supreme Court to Hear Dispute Over the United States’ Largest Uranium Deposit

On November 5, 2018, the United States Supreme Court will hear oral arguments on a landmark case regarding the preemptive effect of the Atomic Energy Act of 1954 (the “Atomic Energy Act”) on a state’s regulation of uranium mining. Continue reading

Hazmat

Atomic Energy Act, Matthew G. Lawson, mining Virginia, radiation, Supreme Court, Uranium, Virginia Uranium Inc. v. Warren
April 3, 2017

Waters of the United States Case Going Forward in Supreme Court Despite Trump Executive Order To Rescind or Revise the Rule

The controversial Waters of the United States (WOTUS) Rule, promulgated under the Obama Administration, will have its day in the U.S. Supreme Court, despite the Trump Administration’s efforts to stall that litigation while the rule is being revised by the new administration. Continue reading

Real Estate and Environment, Water

Clean Water Act, Clean Water Rule, CWA, EPA, Obama, Pruitt, Sixth Circuit, Supreme Court, Trump, Waters of the United States, WOTUS