Litigation Update: City and County of San Francisco v. Environmental Protection Agency

The Supreme Court recently decided that they will review a case dealing with the Clean Water Act (CWA), which prohibits the pollution of US waters without a National Pollutant Discharge Elimination System (NPDES) permit. In order to comply with the statute, the city of San Francisco was issued a permit by the Environmental Protection Agency (EPA) in 2019. The permit, however, lays down narrative limitations on the discharge of pollutants, such as anything which may “cause or contribute to a violation of any applicable water quality standard.” The city of San Francisco challenged the EPA’s permit, arguing that these restrictions “expose San Francisco and numerous permit-holders nationwide to enforcement actions while failing to tell them how much they need to limit or treat their discharges to comply with the Act.” In July 2023, the Ninth Circuit Court of Appeals rejected San Francisco’s argument, finding that the narrative limitations are not too vague but are rather important to ensuring that state water standards are met. This then prompted the city to appeal the decision to the Supreme Court.
This FedSoc Forum discusses varying views of this case and what the Supreme Court’s review might bring.
Featuring:
Prof. Robin Craig, Robert A. Schroeder Distinguished Professor of Law, University of Kansas School of Law
Andre Monette, Managing Partner, Best Best & Krieger LLP
Moderator: Prof. Jonathan Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law
* * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

[@imaniinvestigates2020]

Thank you so much for this analysis! I am only 13 minutes in and have already gotten so much from this! I am a journalism student in SF writing about this situation, and this is really helping me better understand the workings of the act and how it relates to SF's wastewater system. Luckily I have a BA in Environmental Studies, but that Environmental Law class was several years ago. Really grateful for this discussion!

[@goddess_of_Kratos]

Sorry for blowing up comments, I'm nextdoor in Solano County

[@LWYRUP7992]

Kewl 😜

[@imaniinvestigates2020]

I only saw 1 other comment from you, but I understand; I am in Oakland and this ruling will affect us ALL here in the SF Bay Area. I know water flows one way, but also being from Sacramento, where the confluence of the American and Sacramento Rivers is, before they flow into the Delta, I have grown up around water, and am also deeply concerned about how this ruling will go.

[@goddess_of_Kratos]

@imaniinvestigates2020 heresother one , No redo on Chevron, they'll lose, those that profit by economic instability and directly donate to these agencies are the same that don't employ or serve, Carl Icahn, 4. Ray Dalio, George soros, Ken Griffin , David tepper, James simons

[@goddess_of_Kratos]

13050 sounds arbitrary and capricious, apa vio

[@LWYRUP7992]

You should know 😅 😅