Citizen suits have been a powerful engine of environmental enforcement for over half a century. As the bounds of executive power are reimagined, challenges under Article II of the Constitution threaten their viability.
The Supreme Court ruled that the EPA exceeded its authority under the Clean Water Act by imposing broad “end-result” permit requirements, marking a significant post-Chevron shift in environmental law.
The Supreme Court has assumed the mantle of “expert” decisionmaker—contravening the meaning and intention of the Clean Water Act, overruling decades of precedent, and limiting EPA’s ability to carry out their congressionally assigned and executive-directed duties.
A Biden-Harris Administration EPA rule recently went into effect that will help to remove lead from drinking water. The Lead and Copper Rule Improvements require water systems to replace lead pipes across the country, and this huge public works project is backed by over $2.6 billion in infrastructure funding.
The Supreme Court will hear a challenge to a pollution discharge permit issued by EPA under the Clean Water Act. The case raises questions of statutory interpretation, administrative, and environmental law that have been hot topics at the Supreme Court in recent terms.
EPA has been working quickly to regulate PFAS across the United States. The National Primary Drinking Water Regulation for PFAS is now finalized, and more final rules are right around the corner.
Concentrated animal feeding operations are explicitly named as a point source under the Clean Water Act, but the EPA has been woefully ineffective at monitoring and regulating manure discharges, leaving water and human health at risk.
The American West is dry. Despite extreme weather events like the series of atmospheric rivers that doused the West Coast (from late 2022 until the time of this piece’s composition), capable of dumping up to half an inch of rain an hour,[1] the overall…
The Environmental Protection Agency (“EPA”) is finalizing a rule that allows state criminal negligence enforcement programs approved under the Clean Water Act (“CWA”) to carry different mens rea requirements than those required for federal CWA…
Unprecedented, warmer, wetter winter seasons have ski communities across the Alps fearful of how rising temperatures and the looming reality of climate change might impact the winter sports industry in the years to come.[1] By contrast, in the Western…
