Last Month at the Supreme Court | April 2025

March 2025 was a busy month at the Supreme Court, but we boiled it down in one easy and quick read. Check out Dykema’s April 2025 edition of Last Month at the Supreme Court as our appellate bench spotlights the Court’s pivotal decisions shaping the landscape of administrative, environmental, and constitutional law.

We begin with the Court’s ruling that the FDA did not act arbitrarily or capriciously in denying market authorization for flavored e-liquids, followed by a significant Clean Water Act decision limiting the EPA’s authority to enforce certain water-quality standards through discharge permits. We also feature a Grant Alert about the Court’s decision to hear a challenge on the scope of nationwide injunctions in birthright citizenship cases.

Beyond these headline-grabbing decisions, we delve into a range of closely watched issues currently before the Court, including:

• Whether challenges to EPA denials of small-refinery exemptions under the Renewable Fuel Standard must be filed exclusively in the D.C. Circuit due to their nationwide applicability;
• The proper venue for judicial review of EPA denials of state implementation plans issued through a collective regional action;
• The limits of congressional and agency authority under the nondelegation doctrine in the FCC’s administration of the Universal Service Fund.

These cases collectively underscore the Court’s continued focus on the separation of powers, federalism, and the administrative state. We analyze and explain how these developments may impact regulated industries, government agencies, and constitutional interpretation. Take a minute to read our quick summaries to gain insights into these and other essential developments shaping the legal landscape for your business or organization. For more information, please contact  Chantel Febus, James Azadian, Mark Magyar, Kyle Asher, Christopher Sakauye, Monika Harris, or Ryan VanOver.

---

Supreme Court Upholds FDA Denial of E-Cigarette Products

On April 2, 2025, in a significant decision in FDA v. Wages and White Lion Investments, LLC, the Supreme Court unanimously upheld the Food and Drug Administration’s (FDA) decision denying marketing authorization for certain e-cigarette products. The Court held that the FDA’s decision was not “arbitrary and capricious,” finding it consistent with the agency’s pre-decisional guidance and statutory mandate. Read the full synopsis here.

April Grant Alerts: Supreme Court to Hear Challenge on Scope of Nationwide Injunctions in Birthright Citizenship Case 

In a notable procedural move, the Supreme Court has scheduled oral argument for May 15, 2025, to consider three related emergency applications stemming from President Trump’s January 20 executive order restricting birthright citizenship. The Court’s decision to set oral argument—rather than to summarily rule on the emergency filings—signals the significance of the underlying legal questions. Read the full synopsis here.

Supreme Court Considers Nondelegation Challenge to FCC’s Universal Service Program

In a notable procedural move, the Supreme Court has scheduled oral argument for May 15, 2025, to consider three related emergency applications stemming from President Trump’s January 20 executive order restricting birthright citizenship. The Court’s decision to set oral argument—rather than to summarily rule on the emergency filings—signals the significance of the underlying legal questions. Read the full synopsis here.

Supreme Court Narrows EPA Authority Under Clean Water Act in 5–4 Decision 

In the closely watched case, City and County of San Francisco v. Environmental Protection Agency, the Supreme Court held in a 5-4 decision that Section 1311(b)(1)(C) of the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to condition compliance with its National Pollutant Discharge Elimination System (NPDES) permits on the quality of the receiving waters. The ruling is expected to significantly impact wastewater treatment facilities nationwide by narrowing the scope of EPA enforcement authority. Read the full synopsis here.

Supreme Court Considers Venue and Nationwide Applicability of EPA Actions in Renewable Fuel Case  

In Environmental Protection Agency v. Calumet Shreveport Refining,the Supreme Court is weighing whether legal challenges to the Environmental Protection Agency’s (EPA) denial of Renewable Fuel Standard (RFS) exemptions for small oil refineries must be filed exclusively in the D.C. Circuit under the Clean Air Act (CAA). Read the full synopsis here.

Supreme Court Considers Whether EPA’s Collective Disapprovals of State Environmental Plans Create a Nationwide Action Subject to D.C. Circuit Review 

In Environmental Protection Agency v. Calumet Shreveport Refining,the Supreme Court is weighing whether legal challenges to the Environmental Protection Agency’s (EPA) denial of Renewable Fuel Standard (RFS) exemptions for small oil refineries must be filed exclusively in the D.C. Circuit under the Clean Air Act (CAA). Read the full synopsis here.