Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 20 JULY 2021

Groundhog Day -- More Supreme Court Clean Water Act Decisions?

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Contributor
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz is a litigation powerhouse and business accelerator serving leaders in life sciences, private...

View firm profile
Explore more from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

I got a kick out of Lara Beaven's report in Inside EPA on a Clean Water Act session at the ABA Spring meeting this week.

United StatesEnvironment
Jeffrey Porter
Jeffrey Porter
Author LinkedIn connections

I got a kick out of Lara Beaven's report in Inside EPA  on a Clean Water Act session at the ABA Spring meeting this week.

Ms. Beaven reports that Anna Wildeman, EPA Principal Deputy Assistant Administrator for Water during the Trump Administration, suggested that more Supreme Court intervention could help end the longest running controversy in the history of environmental law -- the three decades and counting back and forth over the reach of the Clean Water Act.

I have no idea how Ms. Wildeman can reach this conclusion.  The Supreme Court has already tackled aspects of this controversy no fewer than four times.  The last time, just 13 months ago in Maui, the Supreme Court answered a yes or no question -- whether the reach of the Clean Water Act extends to discharges to groundwater -- with a resounding maybe.  It would seem that if anything is certain it is that the Justices of the Supreme Court should not be asked to write our environmental laws.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Governor Abbott Directs TCEQ To Freeze All Data Center Permits In A Whole-of-Government Action

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...
United StatesEnvironment
Foley & Lardner LLP
Foley & Lardner LLP
Article

Governor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center Projects

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

California SB 253: CARB Sets Nov. 10, 2026, Deadline For Scope 1 And Scope 2 Emissions Reports

California's Climate Corporate Data Accountability Act (SB 253) establishes a November 10, 2026 deadline for Scope 1 and Scope 2 greenhouse gas emissions reporting, affecting U.S.-formed entities with over $1 billion in revenue that meet California's "doing business" test—regardless of physical presence in the state. The law carries penalties up to $500,000 per reporting year for non-compliance, with mandatory program fees and future Scope 3 reporting requirements on the horizon.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Texas Governor Directs A Halt On Data Center Permitting With State Agency Audits

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Governor Signs Seven Data Center Bills Addressing Energy And Noise Reporting, Water Use, Labor Standards, Electricity Rates, And CEQA Review

California has enacted seven unprecedented bills targeting data center development, imposing sweeping new requirements for energy reporting, water consumption assessments, labor standards, and electricity rate structures. These laws fundamentally reshape the regulatory landscape for data centers, requiring detailed disclosures at multiple project stages while prohibiting categorical CEQA exemptions and establishing new interconnection rules that shift infrastructure costs directly to developers.
United StatesEnvironment
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

The Chemical Compound — Q3 2026

This quarterly newsletter examines critical developments in chemical regulatory law, covering litigation outcomes that reshape EPA's authority under TSCA, landmark Supreme Court decisions on pesticide labeling preemption, and emerging state and international frameworks governing PFAS and other chemicals of concern. The edition analyzes how recent Fifth Circuit rulings on methylene chloride regulations may fundamentally alter EPA's approach to risk evaluations and management rules across its entire existing
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

CEQA Reform Qualifies For The Ballot: What To Know About The Building An Affordable California Act

California voters will decide on Proposition 45 this November, a sweeping initiative that would fundamentally reshape environmental review for housing, infrastructure, and other essential projects across the state. The Building an Affordable California Act promises faster approvals and limited judicial challenges, but faces organized opposition from labor unions and environmental groups. Will this measure succeed in streamlining development, or does it go too far in curtailing environmental protections?
United StatesEnvironment
Rutan & Tucker LLP
Rutan & Tucker LLP
Article

New EU PFHxA Limits Take Effect Amid Expanding PFAS Rules For Apparel And Textiles

Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation
European UnionEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

USCIS Final Rule Ends 540-Day Automatic EAD Extension For Key Categories

US Citizenship and Immigration Services (USCIS) published a final rule on October 14, 2026 that permanently ends the automatic extension of up to 540 days for many Employment Authorization Document (EAD) renewals filed on or after October 30, 2025. Affected workers, including adjustment of status applicants and H-4 spouses, may need to stop working if their current EAD expires before USCIS approves the renewal.
United StatesImmigration
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Massachusetts’ 2026 Ballot Questions: What Clients Need To Know

Massachusetts voters will decide nine statewide ballot questions in November 2026 that could fundamentally reshape the state's legal, regulatory, and fiscal landscape. These measures address government transparency, election reforms, housing development, marijuana regulation, firearms laws, and state revenue limits, with implications extending far beyond Election Day to implementation, regulation, and ongoing policy debates.
United StatesGovernment, Public Sector
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Pharmaceutical Policy In Motion Continued: The Trump Administration’s Second Wave Of Drug Pricing Deals

The Trump administration's most-favored-nation pricing initiative has expanded to include nine additional mid-sized pharmaceutical manufacturers, bringing the total coverage to 89% of the brand drug market. These new agreements focus on Medicaid pricing discounts aligned with international rates, while manufacturers commit billions to U.S. manufacturing and research in exchange for exemptions from future pricing mandates and potential tariffs.
United StatesFood, Drugs, Healthcare, Life Sciences
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

California’s AI-in-the-Workplace Legislative Blitz: California Legislature Passes Four New Bills That May Affect Employers

The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.
United StatesTechnology
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Washington Update: Sustainable Energy & Infrastructure — November 2026

October 2026 brought pivotal shifts in federal energy policy as stakeholders mobilized around the Senate's Bipartisan American Affordability and Jobs Act while the Trump administration's actions on renewable projects tested bipartisan consensus. The Department of Energy designated helium as a critical material amid supply disruptions and committed over $14 billion in nuclear financing, while House Democrats escalated investigations into politically-motivated grant terminations that could reshape oversight a
United StatesGovernment, Public Sector
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

MintzTech Connect Industry News: Spotlight On Retro

Retro, a friends-only photo-sharing app built by former Instagram teammates Nathan Sharp and Ryan Olson, is challenging today's algorithm-driven social media landscape with a private, ad-free alternative. The app functions as a weekly photo journal designed to reconnect users with close friends and family, eschewing public feeds, follower counts, and AI-generated content in favor of intimate, subscription-based social spaces.
United StatesMedia, Telecoms, IT, Entertainment
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.