High Court Rejects EPA Sewage Permits in San Francisco Win (3)

The US Supreme Court on Tuesday rejected EPA “end result” sewage permits issued under the Clean Water Act that focus on water quality instead of outlining specific requirements to prevent pollution.

In a fractured 5-4 ruling written by Justice Samuel Alito, the court blocked the EPA from issuing permits that make a permittee responsible for surface water quality, or “end result” permits—a term the court coined in the ruling. National Pollution Discharge Elimination System permits govern pollution from sewer overflows during storms.

Determining specific steps a permittee must take to meet water quality standards are the EPA’s responsibility, the court ...