Redefining EPA Authority—San Francisco v. EPA

Join Tim Kelly (Hausfeld) and Misha Tseytlin (Troutman Pepper Locke) as they unpack the U.S. Supreme Court's landmark decision in City and County of San Francisco v. EPA. The ruling struck down the EPA's use of "end-result" requirements in NPDES permits, ruling that the Clean Water Act (CWA) does not authorize the agency to impose permit conditions that hold dischargers responsible for overall water quality in receiving waters. The decision has significant implications for municipal wastewater treatment, regulatory enforcement, and the scope of the EPA's authority under the CWA. In this episode, they explore: The legal reasoning behind the Court's decision, including highlights from the majority and dissenting opinions The implications for municipal wastewater treatment plants, particularly those operating combined sewer systems How the decision impacts the EPA's regulatory powers and enforcement strategies What this means for the future of Clean Water Act litigation and the evolving role of state environmental agencies Whether you're a legal practitioner, environmental policy expert, or simply interested in water law, this episode offers valuable insight into a pivotal case reshaping federal environmental regulation.