EPA Wastewater Regulations to be Reviewed by Supreme Court

EPA Clean Water Act Regulations to be Examined by U.S. Supreme Court
The U.S. Supreme Court (SCOTUS) has agreed to hear the case City and County of San Francisco v. EPA, challenging the EPA’s use of generic water quality prohibitions in permitting decisions under the Clean Water Act (CWA). San Francisco argues that these broad standards fail to provide specific pollutant limits, leaving permitholders uncertain about compliance requirements.
San Francisco has invested billions in wastewater infrastructure, yet faces enforcement under vague EPA standards that don’t specify discharge limits. The case questions whether the EPA can impose such generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits, which allow certain pollutant releases.
Despite the EPA’s insistence that narrative limitations are within its rights, a coalition of trade groups, including the National Mining Association and the U.S. Chamber of Commerce, supports San Francisco. They argue that without clear limits, their members face heightened liability.
Jeff Porter, environmental law chair at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C., predicts SCOTUS will likely rule in favor of San Francisco, potentially curbing the EPA’s practice of using non-specific discharge prohibitions.