The Supreme Court appeared ready in oral arguments Wednesday to restrict the EPA’s ability to set broad water quality standards for sewage and other systems as part of a challenge from San Francisco to the agency’s powers under the Clean Water Act.
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.
Across more than 90 minutes of arguments, the justices dove into the particulars of the law, and conservatives on the court questioned whether the EPA’s approach fairly informed permit holders of their liability.