Supreme Court leans toward San Francisco in EPA water battle

By Miranda Willson, Pamela King | 10/16/2024 04:20 PM EDT

The court’s conservative justices grilled EPA over requirements included in a permit for the city’s wastewater treatment plant.

The U.S. Supreme Court is seen.

The U.S. Supreme Court is seen in Washington on Sept. 30. Francis Chung/POLITICO

The Supreme Court on Wednesday appeared prepared to force EPA to get more specific on how much pollution can be discharged into the nation’s waters — although at least one member of the conservative majority seemed open to allowing the agency to issue generic requirements under specific circumstances.

The case has environmental advocates on edge considering the Supreme Court’s recent string of decisions curtailing EPA’s power. If the court sides with San Francisco, it could make it more difficult for EPA to enforce water pollution permits issued to municipalities and private industry, advocates say.

During oral arguments in San Francisco v. EPA, many of the court’s conservative justices grilled EPA over requirements included in a Clean Water Act permit for the city’s wastewater treatment plant.

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To help control the levels of pollution that the city’s sewage and stormwater systems spew into the Pacific Ocean, the permit includes generic provisions that bar San Francisco from violating water quality standards.

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