Supreme Court Could Curb EPA’s Water Quality Regulation Powers

The U.S. Supreme Court appears poised to limit the Environmental Protection Agency (EPA)’s powers to set water quality standards for sewage and water treatment systems, according to an article by Michael Macagnone in Roll Call.

The case stems from a challenge by the city of San Francisco. “The case turns on how specific the EPA must be in National Pollutant Discharge Elimination System permits it issues under the environmental protection law. Currently, the permits place restrictions on both what San Francisco and others can discharge from their pipes and the quality of the water where the discharge goes.”

The city argues that the broad language in the EPA’s rules is too vague and faults the city for water quality failures that could be caused by other parties. “Dozens of organizations, ranging from the mining industry to homebuilders and farmers weighed in through court filings to argue that the EPA standards leave them guessing over whether they’ll face fines down the road.” Biden administration lawyer Frederick Liu countered that many of the requirements San Francisco calls ‘unfair’ are “actually obvious, like not allowing the water to become discolored.”

As Macagnone points out, “The case is the first in a series of cases this term where the justices agreed to hear challenges to environmental rules, and comes amid the current court’s long-running effort to rein in administrative agencies.”