Supreme Court Limits EPA Authority, Reduces Rules on Releasing Raw Sewage into Water Supply in San Francisco

The United States Supreme Court, on Tuesday, March 4th, ruled in a 5-4 decision that the Environmental Protection Agency (EPA) cannot impose broad water quality limits on cities, weakening Clean Water Act enforcement. The case stemmed from a dispute between the EPA and San Francisco, where the agency sought to regulate sewage discharges into the Pacific Ocean. This ruling marks another setback for environmental regulators and a victory for business groups that had opposed vague EPA permit requirements.

Justice Samuel Alito, writing for the majority, argued that the EPA overstepped its authority by imposing “narrative” pollution limits, which require municipalities to meet general water quality standards without specifying numerical discharge limits. He stated that the agency has other tools to regulate pollution without resorting to such broad requirements. Chief Justice John Roberts and Justices Clarence Thomas, Brett Kavanaugh, and Neil Gorsuch joined Alito in the majority opinion.

San Francisco had challenged the EPA’s permit conditions, arguing that the undefined standards about sewage levels in water placed an unfair burden on the city. The Ninth Circuit Court of Appeals had previously upheld the EPA’s authority to impose these restrictions, but the Supreme Court overturned that decision. The ruling was widely seen as a win for cities and businesses that oppose “federal overreach in environmental regulations.” The case had attracted support from industry groups, including the National Mining Association and the U.S. Chamber of Commerce.

Justice Amy Coney Barrett dissented, joined by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, arguing that the Clean Water Act requires stricter enforcement to protect water quality. Barrett warned that weakening the EPA’s authority could lead to increased pollution in public waterways. “Taking a tool away from the EPA may make it harder for the agency to issue the permits that municipalities and businesses need in order for their discharges to be lawful,” she wrote.

Environmental advocates expressed concerns that the ruling would hinder efforts to address water pollution across the U.S. The decision follows a trend of recent Supreme Court rulings limiting federal regulatory power, including the 2024 decision that overturned Chevron’s deference, which had granted agencies broad authority to interpret laws. Critics argue that these rulings favor corporate interests at the expense of public health and the environment as companies historically value profits over public safety.

While the ruling allows San Francisco to discharge more sewage under less restrictive guidelines, the EPA retains authority to regulate pollution through other legal avenues. However, experts predict that future environmental regulations will face greater scrutiny in the courts, making it harder for federal agencies to enforce clean water protections nationwide.