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Supreme Court makes it harder for EPA to police sewage discharges
Headline Legal News |
2025/03/07 07:23
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A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling for San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains.
By a 5-4 vote, the court’s conservative majority ruled that the Environmental Protection Agency overstepped its authority under the Clean Water Act with water pollution permits that contain vague requirements for maintaining water quality.
The decision is the latest in which conservative justices have reined in pollution control efforts.
Justice Samuel Alito wrote for the court that EPA can set specific limits that tell cities and counties what can be discharged. But the agency lacks the authority “to include ‘end-result’ provisions,” Alito wrote, that make cities and counties responsible for maintaining the quality of the water, the Pacific Ocean in this case, into which wastewater is discharged.
“When a permit contains such requirements, a permittee that punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards,” he wrote.
One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent. Limits on discharges sometimes still don’t insure water quality standards are met, Barrett wrote.
“The concern that the technology-based effluent limitations may fall short is on display in this case,” Barrett wrote, adding that “discharges from components of San Francisco’s sewer system have allegedly led to serious breaches of the water quality standards, such as ‘discoloration, scum, and floating material, including toilet paper, in Mission Creek.’”
The case produced an unusual alliance of the liberal northern California city, energy companies and business groups.
The EPA has issued thousands of the permits, known as narrative permits, over several decades, former acting general counsel Kevin Minoli said.
The narrative permits have operated almost as a backstop in case permits that quantify what can be discharged still result in unacceptable water quality, Minoli said.
With the new restrictions imposed by the court, “the question is what comes in place of those limits,” Minoli said.
Alito downplayed the impact of the decision, writing that the agency has “the tools needed” to insure water quality standards are met.
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Trump signs order designating English as the official language of the US
Court Watch |
2025/03/02 08:05
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President Donald Trump signed on Saturday an executive order designating English as the official language of the United States.
The order allows government agencies and organizations that receive federal funding to choose whether to continue to offer documents and services in language other than English.
It rescinds a mandate from former President Bill Clinton that required the government and organizations that received federal funding to provide language assistance to non-English speakers.
“Establishing English as the official language will not only streamline communication but also reinforce shared national values, and create a more cohesive and efficient society,” according to the order.
“In welcoming new Americans, a policy of encouraging the learning and adoption of our national language will make the United States a shared home and empower new citizens to achieve the American dream,” the order also states. “Speaking English not only opens doors economically, but it helps newcomers engage in their communities, participate in national traditions, and give back to our society.”
More than 30 states have already passed laws designating English as their official language, according to U.S. English, a group that advocates for making English the official language in the United States.
For decades, lawmakers in Congress have introduced legislation to designate English as the official language of the U.S., but those efforts have not succeeded.
Within hours of Trump’s inauguration last month, the new administration took down the Spanish language version of the official White House website.
Hispanic advocacy groups and others expressed confusion and frustration at the change. The White House said at the time it was committed to bringing the Spanish language version of the website back online. As of Saturday, it was still not restored.
The White House did not immediately respond to a message about whether that would happen.
Trump shut down the Spanish version of the website during his first term. It was restored when President Joe Biden was inaugurated in 2021.
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US strikes a deal with Ukraine that includes access to its rare earth minerals
Court News |
2025/02/26 07:44
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Ukraine and the U.S. have reached an agreement on a framework for a broad economic deal that would include access to Ukraine’s rare earth minerals, three senior Ukrainian officials said Tuesday.
The officials, who were familiar with the matter, spoke on condition of anonymity because they were not authorized to speak publicly. One of them said that Kyiv hopes that signing the agreement will ensure the continued flow of U.S. military support that Ukraine urgently needs.
The agreement could be signed as early as Friday and plans are being drawn up for Ukrainian President Volodymyr Zelenskyy to travel to Washington to meet President Donald Trump, according to one of the Ukrainian officials.
Another official said the agreement would provide an opportunity for Zelenskyy and Trump to discuss continued military aid to Ukraine, which is why Kyiv is eager to finalize the deal. Trump, speaking to reporters in the Oval Office, said he’d heard that Zelenskyy was coming and added that “it’s okay with me, if he’d like to, and he would like to sign it together with me.”
Trump called it a big deal that could be worth a trillion dollars. “It could be whatever, but it’s rare earths and other things.”
According to one Ukrainian official, some technical details are still to be determined. However, the draft does not include a contentious Trump administration proposal to give the U.S. $500 billion worth of profits from Ukraine’s rare earth minerals as compensation for its wartime assistance to Kyiv.
Instead, the U.S. and Ukraine would have joint ownership of a fund, and Ukraine would in the future contribute 50% of future proceeds from state-owned resources, including minerals, oil, and gas. One official said the deal had better terms of investments and another one said that Kyiv secured favorable amendments and viewed the outcome as “positive.”
The deal does not, however, include security guarantees. One official said that this would be something the two presidents would discuss when they meet.
The progress in negotiating the deal comes after Trump and Zelenskyy traded sharp rhetoric last week about their differences over the matter.
Zelenskyy said he balked at signing off on a deal that U.S. Treasury Secretary Scott Bessent pushed during a visit to Kyiv earlier this month, and the Ukrainian leader objected again days later during a meeting in Munich with Vice President JD Vance because the American proposal did not include security guarantees. |
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Defense secretary defends Pentagon firings, says more dismals may come
Court News |
2025/02/23 09:56
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Defense Secretary Pete Hegseth insists President Donald Trump ’s abrupt firing of the nation’s senior military officer amid a wave of dismissals at the Pentagon wasn’t unusual, brushing aside outcry that the new administration is openly seeking to inject politics into the military. He also suggested more firings could come.
“Nothing about this is unprecedented,” Hegseth told “Fox News Sunday” about Air Force Gen. CQ Brown Jr. being removed Friday night as chairman of the Joint Chiefs of Staff. “The president deserves to pick his key national security advisory team.”
Hegseth said “there are lots of presidents who made changes” citing former commanders in chief from Franklin D. Roosevelt to George H.W. Bush to Barack Obama, who the defense secretary said “fired or dismissed hundreds” of military officials.
Months into his first term, Obama relieved Army Gen. David McKiernan as the commander of U.S. forces in Afghanistan. Trump, however, vowed while running for his second term to eradicate “woke” ideologies from the military and moving swiftly to dismiss so many top leaders means keeping a campaign promise.
Hegeseth and Trump have made no secret about focusing on pushing aside military officers who have supported diversity, equity and inclusion in the ranks. The administration says its is on better fortifying a lethal fighting force.
Brown was just the second Black general to serve as chairman. His 16 months in the post were consumed with the war in Ukraine and the expanded conflict in the Middle East. Trump in 2020 nominated Brown as Air Force’s chief of staff.
Trump wants to replace Brown Air Force Lt. Gen. Dan “Razin” Caine, who retired in December. It is unclear what recalling Caine to active-duty service will require. The position requires Caine to be confirmed by the Senate.
Hegseth said Friday’s dismissals affected six three- and four-star generals and were “a reflection of the president wanting the right people around him to execute the national security approach we want to take.”
He called Brown “honorable” but said he is “not the right man for the moment,” without citing specific deficiencies. After the 2020 murder of George Floyd, Brown in a video spoke of his experience as a Black pilot, apparently making him fodder for the Trump administration’s wars against inclusion initiatives in the military.
Of Caine, the Defense secretary said that Trump “respects leaders who untie the hands of war fighters in a very dangerous world.”
Retired Gen. George Casey, commander of U.S. and multinational forces in Iraq from 2004 to 2007 under Republican President George W. Bush, called the firings “extremely destabilizing.” He also noted that the Trump administration can change Pentagon policy without changing personnel, but added, that what happened is “”within the president’s prerogative.”
“That’s his prerogative,” Casey told ABC’s “This Week.” “He is the commander in chief of the armed forces.”
Still, Sen. Jack Reed of Rhode Island, the ranking Democrat on the Senate Armed Services Committee told ABC that the firings were “completely unjustified” and that “apparently, what Trump and Hegseth are trying to do is to politicize the Department of Defense.”
Hegseth was also asked on Fox News about officials potentially compiling lists of more defense officials they plan to fire. He said there was no list but suggested that more dismissals could indeed be coming.
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Musk gives all federal workers 48 hours to explain what they did last week
Court Watch |
2025/02/18 09:56
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Hundreds of thousands of federal workers have been given little more than 48 hours to explain what they accomplished over the last week, sparking confusion across key agencies as billionaire Elon Musk expands his crusade to slash the size of federal government.
Musk, who serves as President Donald Trump’s cost-cutting chief, telegraphed the extraordinary request on his social media network on Saturday.
“Consistent with President @realDonaldTrump’s instructions, all federal employees will shortly receive an email requesting to understand what they got done last week,” Musk posted on X, which he owns. “Failure to respond will be taken as a resignation.”
Shortly afterward, federal employees — including some judges, court staff and federal prison officials — received a three-line email with this instruction: “Please reply to this email with approx. 5 bullets of what you accomplished last week and cc your manager.”
The deadline to reply was listed as Monday at 11:59 p.m., although the email did not include Musk’s social media threat about those who fail to respond.
The latest unusual directive from Musk’s team injects a new sense of chaos across beleaguered multiple agencies, including the National Weather Service, the State Department and the federal court system, as senior officials worked to verify the message’s authenticity Saturday night and in some cases, instructed their employees not to respond.
Thousands of government employees have already been forced out of the federal workforce — either by being fired or offered a buyout — during the first month of Trump’s administration as the White House and Musk’s so-called Department of Government Efficiency fire both new and career workers, tell agency leaders to plan for “large-scale reductions in force” and freeze trillions of dollars in federal grant funds.
There is no official figure available for the total firings or layoffs so far, but The Associated Press has tallied hundreds of thousands of workers who are being affected. Many work outside of Washington. The cuts include thousands at the Departments of Veterans Affairs, Defense, Health and Human Services, the Internal Revenue Service and the National Parks Service, among others.
Labor union leaders quickly condemned the ultimatum and threatened legal action.
AFGE President Everett Kelley called the new order an example of Trump and Musk’s “utter disdain for federal employees and the critical services they provide to the American people.”
“It is cruel and disrespectful to hundreds of thousands of veterans who are wearing their second uniform in the civil service to be forced to justify their job duties to this out-of-touch, privileged, unelected billionaire who has never performed one single hour of honest public service in his life,” Kelley said. “AFGE will challenge any unlawful terminations of our members and federal employees across the country.”
Musk on Friday celebrated his new role at a gathering of conservatives by waving a giant chainsaw in the air. He called it “the chainsaw for bureaucracy” and said, “Waste is pretty much everywhere” in the federal government.
McLaurine Pinover, a spokesperson at the Office of Personnel Management, confirmed Musk’s directive and said that individual agencies would “determine any next steps.”
What happens if an employee is on leave or vacation? Again, she said individual agencies would determine how to proceed.
In a message to employees on Saturday night, federal court officials instructed recipients not to respond.
“We understand that some judges and judiciary staff have received an email ... directing the recipient to reply with 5 accomplishments from the prior week. Please be advised that this email did not originate from the Judiciary or the Administrative Office and we suggest that no action be taken,” officials wrote.
Judges around the country got emails from Musk’s team in late January, apparently by mistake, U.S. District Judge Randolph Daniel Moss said earlier this month. Moss said he’d also gotten a message and ignored it.
The National Weather Service leadership acknowledged some confusion in a message to its employees late Saturday as well.
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