The US Supreme Court has issued a pivotal 5-4 ruling that diminishes the regulations on the discharge of raw sewage into water supplies, creating significant implications for the 1972 Clean Water Act. This decision stems from a case involving the Environmental Protection Agency (EPA) and San Francisco, which had sought a permit to discharge pollutants from its combined sewer system into the Pacific Ocean. The ruling challenges longstanding norms by asserting that the EPA cannot rely on generic, water body-focused pollution discharge limits when issuing permits under the Clean Water Act.
The controversy began when San Francisco contested the EPA's authority to apply generic limits on discharges, arguing that more specific limitations were necessary. The Ninth Circuit Court of Appeals had previously upheld the EPA's ability to issue such permits in July 2023. However, the Supreme Court's recent decision overturned this ruling, blocking the EPA from making permit holders responsible for surface water quality through so-called "end result" permits.
Justice Samuel Alito, writing for the court's majority, emphasized the availability of alternative methods for the EPA to gather necessary information from permittees.
"The agency has adequate tools to obtain needed information from permittees without resorting to end-result requirements," – Justice Samuel Alito
The case attracted significant attention and support from influential business groups such as the National Mining Association and the US Chamber of Commerce. These organizations submitted amicus briefs endorsing San Francisco's stance against the EPA's generic limitations on pollution discharges.
The court's decision mandates that the EPA provide specific limitations to pollution permittees, marking a departure from previous practices that allowed for more generalized restrictions. This move has sparked concerns over the potential environmental impact and its alignment with the objectives of the Clean Water Act. The relevant provision of the Act directs the EPA to impose any more stringent limitation necessary to meet or implement any applicable water quality standard.