The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test used when U.S. federal courts must defer to a government agency's interpretation of a law or statute. The decision articulated a doctrine known as "Chevron deference". Chevron deference consisted of a two-part test that was deferential to government agencies: first, whether Congress has spoken directly to the precise issue at question, and second, "whether the agency's answer is based on a permissible construction of the statute".
Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts, and Associate Justice Samuel Alito. The Supreme Court heard the case on February 21, 2006, and issued a decision on June 19, 2006.
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007), is a 5–4 U.S. Supreme Court case in which Massachusetts, along with eleven other states and several cities of the United States, represented by James Milkey, brought suit against the Environmental Protection Agency (EPA) represented by Gregory G. Garre to force the federal agency to regulate the emissions of carbon dioxide and other greenhouse gases (GHGs) that pollute the environment and contribute to climate change.
The United States Department of Justice Environment and Natural Resources Division (ENRD) is one of seven litigating components of the U.S. Department of Justice. ENRD's mandate is to enforce civil and criminal environmental laws and programs protecting the health and environment of the United States, and to defend suits challenging those laws and programs.
American Electric Power Company v. Connecticut, 564 U.S. 410 (2011), was a United States Supreme Court case in which the Court, in an 8–0 decision, held that corporations cannot be sued for greenhouse gas emissions (GHGs) under federal common law, primarily because the Clean Air Act (CAA) delegates the management of carbon dioxide and other GHG emissions to the Environmental Protection Agency (EPA). Brought to court in July 2004 in the Southern District of New York, this was the first global warming case based on a public nuisance claim.
Alaska Dept. of Environmental Conservation v. EPA, 540 U.S. 461 (2004), is a US Supreme Court case clarifying the scope of state environmental regulators and the Environmental Protection Agency (EPA). In a 5–4 decision, the Supreme Court found the EPA has authority to overrule state agency decisions under the Clean Air Act that a company is using the "best available controlling technology" to prevent pollution.
Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009), is a decision by the United States Supreme Court that reviewed the Environmental Protection Agency's (EPA) interpretation of the Clean Water Act regulations with regard to cooling water intakes for power plants. Existing facilities are mandated to use the "Best Technology Available" to "minimize the adverse environmental impact." The issue was whether the agency may use a cost–benefit analysis (CBA) in choosing the Best Available Technology or (BAT) to meet the National Performance Standards (NPS).
There are benefits to leaving environmental regulation both to the federal government to the states. For example, wildlife conservation is much more of a concern for Alaska than for New York. New York, however, has much bigger air and light pollution issues than Alaska.
Sackett v. Environmental Protection Agency, 566 U.S. 120 (2012), also known as Sackett I, is a United States Supreme Court case in which the Court held that orders issued by the Environmental Protection Agency under the Clean Water Act are subject to the Administrative Procedure Act. The Court ruled that because the Environmental Protection Agency's orders constitute "final agency action" under the Administrative Procedure Act, federal courts may hear appeals from its orders.
Rio Grande Silvery Minnow v. Bureau of Reclamation, called Rio Grande Silvery Minnow v. Keys in its earlier phases, was a case launched in 1999 by a group of environmentalists against the United States Bureau of Reclamation and the United States Army Corps of Engineers alleging violations of the Endangered Species Act and the National Environmental Policy Act. The case resulted in significant changes to water and river management in the Middle Rio Grande Basin of New Mexico in an effort to reverse the damage that had been done to the habitat of two endangered species.
Utility Air Regulatory Group v. Environmental Protection Agency, 573 U.S. 302 (2014), was a US Supreme Court case regarding the Environmental Protection Agency's regulation of air pollution under the Clean Air Act.
The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. The regulation defined the scope of federal water protection in a more consistent manner, particularly over streams and wetlands which have a significant hydrological and ecological connection to traditional navigable waters, interstate waters, and territorial seas. It is also referred to as the Waters of the United States (WOTUS) rule, which defines all bodies of water that fall under U.S. federal jurisdiction. The rule was published in response to concerns about lack of clarity over the act's scope from legislators at multiple levels, industry members, researchers and other science professionals, activists, and citizens.
The environmental policy of the first Donald Trump administration represented a shift from the policy priorities and goals of the preceding Barack Obama administration. Where President Obama's environmental agenda prioritized the reduction of carbon emissions through the use of renewable energy with the goal of conserving the environment for future generations, the Trump administration policy was for the US to attain energy independence based on fossil fuel use and to rescind many environmental regulations. By the end of Trump's term, his administration had rolled back 98 environmental rules and regulations, leaving an additional 14 rollbacks still in progress. As of early 2021, the Biden administration was making a public accounting of regulatory decisions under the Trump administration that had been influenced by politics rather than science.
County of Maui v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___ (2020), was a United States Supreme Court case involving pollution discharges under the Clean Water Act (CWA). The case asked whether the Clean Water Act requires a permit when pollutants that originate from a non-point source can be traced to reach navigable waters through mechanisms such as groundwater transport. In a 6–3 decision, the Court ruled that such non-point discharges require a permit when they are the "functional equivalent of a direct discharge", a new test defined by the ruling. The decision vacated the ruling of the United States Court of Appeals for the Ninth Circuit, and remanded the case with instructions to apply the new standard to the lower courts with cooperation of the Environmental Protection Agency (EPA).
United States Fish and Wildlife Service v. Sierra Club, Inc., 592 U.S. 261 (2021), was a Supreme Court of the United States case involving whether the use of a Freedom of Information Act (FOIA) request can be used to access documents from a U.S. agency that are protected under the deliberative process privilege exemption, in this specific case, draft biological opinions made and reviewed by the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) prior to a final rulemaking decision by the Environmental Protection Agency (EPA) related to impacts on endangered aquatic species, requested by the Sierra Club. The Court ruled in a 7–2 decision in 2021 that the government does not have to disclose "draft biological opinions" involving potential threats to endangered species, even though the drafts reflect an agency's final proposal. The ruling limits environmental groups' ability to obtain government documents using the FOIA.
West Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022), is a landmark decision of the U.S. Supreme Court relating to the Clean Air Act, and the extent to which the Environmental Protection Agency (EPA) can regulate carbon dioxide emissions related to climate change.
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II, was a United States Supreme Court case in which the court held that only wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters" are covered by the Clean Water Act.
The major questions doctrine is a principle of statutory interpretation applied in United States administrative law cases which states that courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance.
Ohio v. Environmental Protection Agency, 603 U.S. 279 (2024), is a United States Supreme Court case regarding the Clean Air Act.
