Supreme Court Grapples With San Francisco’s Challenge to EPA Wastewater Permit Rules

The Ninth Circuit has dismissed the city’s argument that the EPA does not have the authority to set general limits on water discharges. Supreme Court justices recently heard arguments regarding San Francisco’s challenge to the EPA’s wastewater discharge permitting system, alleging it violates federal law. San Francisco claims that the EPA’s vague restrictions on pollution levels in wastewater discharged by water utilities are arbitrary and unjust. The EPA issues permits to local governments and water management authorities under the NPDES to control pollution from point sources into water bodies. San Francisco argues that it is unfair to blame the city for polluted beaches when the pollution could have come from external sources. The EPA contends that the city’s wastewater system cannot handle storm runoff, leading to pollution entering the ocean. San Francisco faces potential fines for violating its permit, but the EPA estimates the financial exposure to be in the millions, not billions, of dollars. San Francisco’s petition asserts that the EPA’s generic prohibitions leave the city uncertain about compliance with the Clean Water Act. The Ninth Circuit rejected San Francisco’s appeal in July 2023, affirming the EPA’s authority to impose general prohibitions on discharges. The Supreme Court is expected to make a ruling on the case by June 2025. Please rewrite this sentence.

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