Category:EPA
Supreme Court Limits EPA’s Authority in San Francisco v. EPA: A Blow to Clean Water Protections?
In a landmark decision issued on March 4, 2025, the U.S. Supreme Court ruled in City and County of San Francisco v. Environmental Protection Agency that the U.S. Environmental Protection Agency (EPA) cannot impose certain types of permit requirements on entities discharging pollutants into U.S. waters. The case, which centered on the Clean Water Act (CWA), has significant implications for how the federal government regulates water pollution and protects water quality. The decision, which saw a 5-4 vote, limits the EPA’s ability to enforce “end-result” requirements in permits, raising concerns about the future of water quality standards and environmental protection.
The Future of Clean Water Act Regulations Under the Future Trump Administration
A second Trump administration is sure to challenge a variety of clean water and drinking water regulations, as evidenced by various policies proposed by the Heritage Foundation’s Project 2025. President-elect Donald Trump has distanced himself politically from the project but it remains relevant as he continues to surround himself with many of its authors. Many water lawyers and environmental advocates thus expect a second Trump administration to continue the federal water deregulation efforts seen in his first administration. Specifically, President-elect Trump will likely challenge and potentially repeal both the Biden Administration’s “waters of the US” (WOTUS) rule and its Section 401 state certification rule. These moves are likely to be compounded by other ecological regulation rollbacks and further exacerbate an already worsening climate crisis in the United States.
How America’s Drinking Water Crisis Impacts Chicagoans
The movement to remove and replace lead pipes is nothing new in the United States. For decades, parts of the country have been working to get rid of lead pipes and replace them with alternatives that are much safer for human health. Progress, however, has generally been slow and lead pipes remain widely in use in many American cities. Earlier this month, President Biden announced the final deadline as part of the Bipartisan Infrastructure Bill, giving the whole country ten years to expedite the process of removing and replacing all lead pipes.
EPA Issued First Emergency Ban of Pesticide in 40 Years –But Why Has It Taken So Long?
On August 6, 2024, the Environmental Protection Agency (EPA) resurrected its emergency authority for the first time in more than 40 years to prohibit the use of a common herbicide, dimethyl tetrachloroterephthalate (DCPA, or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIRFA) because of the chemical’s danger to human health. The last time the EPA exercised this power was in 1979, when the EPA banned the chemical weed killer Agent Orange which was known to cause serious birth defects and used by the United States military in the Vietnam War. The EPA has since remained reluctant to classify any other herbicide chemical as an imminent risk to the public health, until last month.
Like A “Good Neighbor”: EPA Waits For U.S. Supreme Court Ruling on Rule Regulating Air Emissions Under the Clean Air Act
On February 21, 2024, the Environmental Protection Agency (EPA) argued in front of the U.S. Supreme Court, attempting to continue regulation of the “Good Neighbor” rule in eleven states. The EPA announced the final “Good Neighbor Plan” on March 15, 2023. The “Good Neighbor Plan” established under the Clean Air Act (CAA) aims at reducing emissions from upwind states that cause pollution in downwind states.