Supreme Court to Hear San Francisco’s Challenge to EPA Water Pollution Regulation

The Supreme Court announced on July 26 that it will hear San Francisco’s challenge to U.S. Environmental Protection Agency (EPA) water pollution regulations on Oct. 16. The announcement came as several water management agencies and local governments filed a brief with the nation’s highest court supporting San Francisco’s position in the case. The city argues in court papers that the agency’s wastewater discharge rules are so “vague” and “nebulous” that they violate federal law. The city claims that EPA officials misinterpreted a provision of the federal Clean Water Act of 1972 (CWA) when they issued a wastewater discharge permit. In issuing the permit, the officials deviated from the framework of the statute so much that it had the effect of reviving the old regulatory approach that the law had replaced, according to the city....