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ARTICLE · 14 MARCH 2025

U.S. Supreme Court Limits EPA Clean Water Act Permitting Authority

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On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S.

United StatesEnvironment
Traci Lovitt
Traci Lovitt
David DiMeglio
David DiMeglio
Thomas Donnelly
Thomas Donnelly
David J. Feder
David J. Feder
Joseph R. Herbster (Joe)
Joseph R. Herbster (Joe)
C. Kevin Marshall
C. Kevin Marshall
Charles Wehland
Charles Wehland
John R. Boulé III
John R. Boulé III
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In Short

The Development: On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state agencies' authority under the Clean Water Act to issue limitations in pollutant-discharge permits.

The Result: The Supreme Court held that the EPA lacked authority under the Clean Water Act to issue pollutant-discharge permit provisions that make a permittee responsible for the quality of the water into which pollutants are discharged. Rather, the EPA must specify what steps a permittee must follow to protect water quality.

Looking Ahead: The decision limits the EPA's ability to impose vague and possibly unworkable conditions in a pollutant-discharge permit, but may make it more burdensome to obtain such permits going forward.

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