In a recent decision by the United States Court of Appeals for the Sixth Circuit, Sierra Club v. EPA, Nos. 23-3581/3583 (6th Cir. Dec. 5, 2025), the Court invoked its statutory interpretation authority to hold that EPA contravened the plain language of the Clean Air Act (“CAA”) by redesignating the Detroit area as in attainment with the 2015 ozone National Ambient Air Quality Standards (“NAAQS”). Conversely, the Court deferred to EPA’s technical expertise in determining that certain air emissions should be excluded from consideration of the Detroit area’s compliance with the ozone NAAQS because of their qualification as “exceptional events” under the CAA, demonstrating that Courts will continue to defer to agencies’ expertise, but will not defer to agency interpretations of their enabling statutes. Read More »

Share | Email| Comments|  Topics: Agency Action, Air, Chevron Deference, Clean Air Act, Emissions, EPA, Hazardous Air Pollutants, Loper Bright, Michigan, Sixth Circuit

In a precedential decision, the Ninth Circuit recently modified its approach to mandatory injunctive relief in Endangered Species Act (ESA) cases involving multiple species.  The court, in San Luis Obispo Coastkeeper et al. v. County of San Luis Obispo, No. 24-7807 (9th Cir. Dec. 3, 2025), held that “when mandatory injunctive relief under the ESA may benefit one protected species at the expense of other protected species, a court must consider competing equities and the public interest as to those other species.” Read More »

Share | Email| Comments|  Topics: California, Endangered Species Act, Ninth Circuit, Public Lands, Water, Water Use

The Ninth Circuit’s November 5^th decision in Coastal Environmental Rights Foundation, v. Naples Restaurant Group, LLC exploded onto the scene -- deepening an existing circuit split on whether a Clean Water Act citizen suit stays alive based solely only civil penalties once the alleged wrongful conduct ceases.  Consistent with the Eighth Circuit, the Ninth Circuit answered this question in the negative in Naples Restaurant.  The Second, Third, Fourth, Seventh and Eleventh Circuits have previously answered the question in the affirmative.  Overall, the key takeaway is for parties to make sure they are cognizant of the prevailing rule in their Circuit, and to be prepared to raise or respond to the arguments implicated by the Naples Restaurant opinion. Read More »

Share | Email| Comments|  Topics: Citizen Suit, Citizens Suit, Civil Penalties, Clean Water Act, Enforcement, Ninth Circuit, NPDES, Permits, Pollutants, Water