Troutman Pepper Locke’s amicus curiae brief on behalf of a large coalition of trade organizations has contributed to a decision by the U.S. Supreme Court in City & County of San Francisco v. Environmental Protection Agency, a major case under the Clean Water Act. In that decision, the Court held that the EPA does not have the authority to impose conditions that make the permittee liable for “crushing penalties” based on the ultimate quality of the water body into which it discharges, while quoting the amicus brief to support its reasoning.
Misha Tseytlin, leader of the firm’s Appellate and Supreme Court Practice, and Kaitlin O’Donnell filed the brief in support of petitioners, including the National Mining Association, U.S. Chamber of Commerce, National Pork Producers Council, National Association of Manufacturers, American Farm Bureau Federation, and NFIB Small Business Legal Center.