City and County of San Francisco v. EPA

City and County of San Francisco v. EPA
Supreme Court of the United States
Argued October 16, 2024
Full case name	City and County of San Francisco, California v. Environmental Protection Agency
Docket no.	23-753
Argument	Oral argument
Case history
Prior	Petion for review denied, City and County of San Francisco v. EPA; 75 F.4th 1074 (2023), United States Court of Appeals for the Ninth Circuit
Questions presented
Does the Clean Water Act allow the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform?
Court membership
Chief Justice John Roberts Associate Justices Clarence Thomas · Samuel Alito Sonia Sotomayor · Elena Kagan Neil Gorsuch · Brett Kavanaugh Amy Coney Barrett · Ketanji Brown Jackson

City and County of San Francisco v. Environmental Protection Agency is a pending United States Supreme Court case about whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform.^[1][2]

Background

San Francisco has a combined sewage system that collects both sewage and stormwater runoff. When the system exceed its capacity during heavy rains, the combined sewer overflows (CSOs) discharge pollutants into the Pacific Ocean.

The Clean Water Act requires cities to acquire a National Pollutant Discharge Elimination System (NPDES) for such discharges. The city of San Francisco, has implemented a CSO plan since the late 1960s and built current CSO control facilities in 1997.^{[3][failed verification]}

In 2019, the Environmental Protection Agency and the California Regional Water Quality Control Board issued a new National Pollutant Discharge Elimination System permit for San Francisco's Oceanside treatment facility. San Francisco filed a petition for review by the Environmental Appeals Board, arguing that these provisions were inconsistent under the Clean Water Act and EPA regulations, but the board denied the petition. San Francisco then filed a petition for review by the United States Court of Appeals for the Ninth Circuit, but the court also rejected San Francisco's petition, holding that Clean Water Act authorizes EPA to include in the Oceanside NPDES permit the challenged provisions, and that EPA's decision to do so was rationally connected to evidence in the administrative record.^{[4][failed verification]}

Supreme Court

The Supreme Court granted agreed to hear the case by writ of certiorari. The case is set to be heard during the 2024–2025 term.^{[5][failed verification]}

References

1. "SCOTUS to Review EPA Wastewater Rules". EHS Daily Advisor. 25 June 2024. Archived from the original on 14 July 2024. Retrieved 14 July 2024.
2. "Supreme Court takes up San Francisco's challenge over water pollutant limits - Washington Times". The Washington Times. Archived from the original on 15 July 2024. Retrieved 15 July 2024.
3. "High Court to Weigh Whether EPA Must Define 'Too Much' Pollution". news.bloomberglaw.com. Archived from the original on 4 August 2024. Retrieved 15 July 2024.
4. Budryk, Zack (28 May 2024). "Supreme Court to consider challenge to Clean Water Act's San Francisco Rules". The Hill. Archived from the original on 15 July 2024. Retrieved 15 July 2024.
5. "Supreme Court to Hear Clean Water Act Third Case in Four Years". natlawreview.com. Archived from the original on 15 July 2024. Retrieved 15 July 2024.