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Supreme Court Limits EPA Authority in Clean Water Act Case

The 5-4 ruling curtails federal oversight of pollution permits, sparking debate over its environmental and economic implications.

FILE: Mission Creek houseboats in the Mission Bay neighborhood of San Francisco.
McDonald’s volunteers remove a shopping cart and trash from the Santa Ana River during a cleanup led by the Inland Empire Waterkeeper near the Martha McLean-Anza Narrows Park in Riverside in 2022. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)
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Overview

  • The Supreme Court ruled 5-4 that the EPA overstepped its authority by imposing broad water quality standards on San Francisco's sewage discharges.
  • The decision reaffirms the Clean Water Act's 'permit shield,' protecting permit holders from penalties if they comply with specific permit terms, even if water quality standards are not met.
  • Environmental groups warn the decision weakens the EPA's ability to enforce clean water protections, potentially leading to increased pollution in waterways like San Francisco Bay.
  • Supporters of the ruling, including industry groups, argue it provides regulatory clarity and prevents excessive penalties for entities adhering to their permits.
  • The ruling has sparked concerns over its broader implications for national water quality standards and the EPA's capacity to regulate pollution effectively.