The 2024/2025 Supreme Court session kicked off on October 1, with multiple cases that Dorsey & Whitney partners are following closely for their respective practice and industry groups - and which ones will have the biggest implications for their clients.
One of the first cases to be heard was “San Francisco v. EPA” with oral arguments on October 16. It is the first environment case that has been heard since the high court overturned the Chevron Doctrine during the last session. The San Francisco case has worried environmentalists for weakening the Clean Water Act (CWA) - the city claims the EPA has been vague about wastewater permits for its sewage treatment plants. The case, ultimately, can have far-reaching implications for cities across the U.S.
Environmental law partner, Brian Bell, has been following the case closely and gave reporters important takeaways after arguments were heard.
“The argument was also notable for the limited references to Loper Bright, which, last term, struck down the requirement under Chevron deference that courts defer to agency’s interpretation of ambiguous statutes,” explained Bell to his comments for reporters. “One arguable reference was an obligatory question from Justice Sotomayor regarding whether the EPA’s application of generic standards was ‘consistent.’ In Loper Bright, the Court stated that a consistent agency statutory interpretation may be useful to courts in interpreting statutes.”
Bell was featured on Bloomberg News after reporter Bobby Magill interviewed him. You can read Bloomberg’s article here.
Reporter Jimmy Hoover featured Bell’s comments in The National Law Journal where you can read that here.
Reporters Pamela King and Miranda Wilson highlighted Bell’s insight in E&E News by Politico and you can read that here.
E&E’s article was also picked up and syndicated by Governor’s Wind & Solar Energy Coalition.