Feedback from individual clients is informing Brown and Caldwell about the impacts of executive orders across our industry, allowing BC teams to identify patterns, consider regional or issue-specific factors, and stay nimble as we serve our clients and communities.

As we talk with clients, we see many capital improvement programs are proceeding, as well as a boost in certain industrial sectors. Out of some challenges related to funding, regulatory, and workforce uncertainties, BC is also noticing opportunities for private and public sector clients to adapt their strategic visions and capital programs, focus on operational efficiencies, and develop digital solutions to mitigate uncertainty and manage change.

BC’s EO Task Force continues to support project teams as they partner with clients to plan and design, not just for today, but for the future.

Andy Lukas

Read on for the latest updates to environmental regulatory compliance and permitting.

Supreme Court ruling affects NPDES permits

On March 4, the Supreme Court ruled 5-4 in San Francisco v. EPA to strike down the EPA’s “end-result” permit requirements under the Clean Water Act (CWA). This means the EPA cannot hold NPDES permittees responsible for the overall quality of the water into which they discharge pollutants, but instead must define specific, quantifiable limits to those pollutants.

Jasmine Lee

Why it matters
Wet Weather, National Practice Leader Andy Lukas: This Supreme Court ruling may prevent expanded regulatory burdens for Combined Sewer Overflow (CSO) communities that have completed their approved long-term control plans. Future permits for such systems should focus on specific pollutant limits rather than overall water quality outcomes, providing municipalities with clearer permit terms for managing CSOs during heavy rainfall. This decision should help communities negotiating, renewing, or upgrading NPDES permits, giving more certainty regarding when narrative discharge requirements are applicable.

Air and Auditing Lead, Production Market Area, Jasmine Lee: This decision is important not only for NPDES discharges — the interpretation may also be applied to other permit programs including permits issued through the Clean Air Act where there are vague, end-result permit requirements with no specific, quantifiable limits.

Questions? Reach out to Andy Lukas or Jasmine Lee.

Questions? Reach out to Melissa Boglioli

CEQ rescinds NEPA regulations, shifts environmental review to federal agencies

The Council on Environmental Quality (CEQ) issued an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, effective April 11, 2025. This rule removes the centralized NEPA regulations under the CEQ and places the responsibility and authority for implementing NEPA onto individual Federal agencies. All agencies were given guidance by the CEQ to revise or establish their NEPA implementing procedures to “expedite permitting approvals and prioritize efficiency and certainty over other policy objectives.”

Why it matters: This rule rescinds every rulemaking by the CEQ since its formation and guidance removes the consideration of cumulative effects, environmental justice, and emphasizes the need to comply with deadlines established in section 107 of NEPA. The outcome of this Rule and associated guidance may lead to inconsistencies between agencies, delays with some agencies while they develop their own regulations, and uncertainty as other agencies amend their regulations.

Any projects requiring federal permits, using federal funding, or occurring on federal lands need to fulfill NEPA requirements. Municipal clients who rely on State Revolving Funds, mining and data center clients, and projects with linear infrastructure could be particularly affected by these changes, as they may face new challenges in navigating differing agency-specific NEPA rules.