The Supreme Court has ruled in favor of San Francisco in a significant case that restricts the Environmental Protection Agency's (EPA) capacity to regulate ocean pollution stemming from stormwater discharges. The majority opinion, led by conservative justices, deemed that municipalities should not be held accountable for pollution unless it originates from their wastewater facilities. Justice Alito's comments emphasized the potential for unfair penalties imposed on compliant cities when water quality standards are not met, while Justice Barrett's dissent underscored the EPA's mandated authority to enforce stringent clean water protections.
At issue was a regulatory dispute over the permitting standards used by the Environmental Protection Agency.
Justice Amy Coney Barrett dissented, noting that the law authorizes the EPA to enforce "any limitation" need to protect clean water.
Even a city that "punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards."
If the EPA does its work, our holding should have no adverse effect on water quality.
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