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Environmental & Energy

Oct. 21, 2024

End without a means? 'General Prohibitions' in the Clean Water Act

The Supreme Court appears divided, with some justices suggesting General Prohibitions are acceptable if the EPA lacks sufficient data for specific limitations. The court's decision could reshape the regulatory landscape.

Whitney Hodges

Partner, Sheppard Mullin Richter & Hampton LLP

Email: whodges@sheppardmullin.com

Brooke Miller

Special Counsel, Sheppard Mullin Richter & Hampton LLP

Shutterstock

In a headline-grabbing battle, the City and County of San Francisco took its beef with the federal Environmental Protection Agency to the Supreme Court Wednesday, Oct. 16, arguing the EPA never had the authority to require the City to meet water quality standards without actually telling the City how to do so. Banking, perhaps, on the current Court's record of agency-adverse opinions, San Francisco hitched the fate of (peak-bureaucratic sounding) Na...

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