Forum

U.S. Supreme Court

Case Status

Pending

Docket Number

Term

2024 Term

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Questions Presented

Whether the Clean Water Act allows EPA (or an authorized state) to impose generic prohibitions in NPDES permits that subject permitholders to enforcement for exceedances of water quality standards without identifying specific limits to which their discharges must conform.

Case Updates

Cert. petition granted

May 28, 2024

U.S. Chamber files coalition amicus brief urging Supreme Court to review whether the Clean Water Act allows EPA (or an authorized State) to impose generic prohibitions in National Pollutant Discharge Elimination System permits

February 12, 2024

The coalition amicus brief argues that such generic provisions subject permitholders to enforcement liability without identifying specific limits to which their discharges must conform.

Misha Tseytlin, Sean T.H. Dutton, and Abbey M. Thornhill of Troutman Pepper Hamilton Sanders LLP served as outside counsel.

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