Justices’ Questioning Shows High Stakes for Wastewater Permits

Oral arguments at the US Supreme Court Wednesday in a case about San Francisco wastewater overflows highlighted that the eventual ruling stands to change water pollution permitting nationwide.

Even a narrow ruling in City and County of San Francisco v. EPA will have significant implications for National Pollution Discharge Elimination System (NPDES) permitting under the Clean Water Act because nonspecific permits at the center of the case are widespread, said Ashley Peck, a partner at Holland & Hart LLP in Salt Lake City.

The litigation focuses on whether the Environmental Protection Agency can require wastewater systems to comply with nonspecific, ...