AmLaw Litigation Daily Recognizes B&D for Clean Water Act Win in the Supreme Court
American Lawyer’s Litigation Daily selected the San Francisco City Attorney’s Office and Beveridge & Diamond as Litigator of the Week Runners-Up in its Litigator of the Week competition. AmLaw Litigation Daily recognized Principal Drew Silton (Washington, DC) and Deputy San Francisco City Attorneys Tara Steeley and David Louk for this week’s Supreme Court win in City and County of San Francisco v. Environmental Protection Agency, No. 23-753.
In Tuesday’s 5-4 ruling, the Court concluded that EPA lacks the authority to impose these “end result” prohibitions, which make individual permitholders responsible for water quality conditions that no single permittee can control. As the Court’s majority opinion explained, the CWA instead makes it “EPA’s responsibility” to define “what steps a permittee must take to ensure that water quality standards are met.” After this ruling, EPA can no longer leave permitholders in the dark about what they must do to protect water quality.
In addition to Drew, who handled arguments at the EPA Environmental Appeals Board in 2020 and the Ninth Circuit in 2022, the B&D team includes Principals John Cruden and Richard Davis, as well as Associate Chad Hughes and Paralegal Laura Milano.
With decades of experience in environmental and administrative law and litigation, Beveridge & Diamond is a trusted leader in navigating complex regulatory disputes. Our Water practice develops creative, strategically tailored solutions to challenges that arise under the nation’s water laws. B&D attorneys represent clients in a range of industries in project planning as well as in litigation and enforcement proceedings on issues arising from the growing convergence of water supply, use, and quality issues.
