Key D.C. Circuit Decision Revives CAA Emergency Event Affirmative Defense

On September 5, 2025, the DC Circuit issued its opinion in SSM Litigation Group v. EPA, reversing EPA’s rescission of the longstanding emergency event affirmative defense under Title V of the Clean Air Act (“CAA”). The Court’s decision restores an important tool for all Title V sources facing potential enforcement as a result of emergency technological …

Florida Loses Wetland Permitting Authority

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands permitting program violated federal law. The court’s decision, which came as a result of a lawsuit filed by seven environmental groups, …

The PFAS Roadmap: Pathway to Environmental Justice

In October 2021, the United States Environmental Protection Agency (USEPA) issued its PFAS Roadmap, establishing a comprehensive, three-year plan to address the potential risks posed by this large class of manmade compounds, often referred to as “forever chemicals.” The Roadmap takes a “whole of Agency” approach to address the risks of PFAS, outlining a wide …