Troutman Pepper Locke’s Amicus Brief Cited by U.S. Supreme Court in Key Decision on EPA’s Wastewater Discharge Rules

NEW YORK – 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.

Troutman Pepper Locke’s nationally recognized Appellate and Supreme Court Practice has the experience and insight to present compelling arguments to appellate courts at any level, and to work with trial counsel to best preserve issues for appeal. The firm regularly appears before the Supreme Court of the United States — in oral argument and on brief — winning several landmark cases. The firm’s Environmental and Natural Resources Practice has in-depth understanding of the Clean Water Act and extensive experience with water-quality and coastal-development matters.

Troutman Pepper Locke

Troutman Pepper Locke helps clients solve complex legal challenges and achieve their business goals in an ever-changing global economy. With more than 1,600 attorneys in 30+ offices, the firm serves clients in all major industry sectors, with particular depth in energy, financial services, health care and life sciences, insurance and reinsurance, private equity, and real estate. Learn more at troutman.com.