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City and County of San Francisco v. EPA: Implications for NPDES Permits Under the Clean Water Act

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, May 13, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 18, 2025

or call 1-800-926-7926
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This CLE webinar will guide environmental counsel on the recent Supreme Court decision in City and County of San Francisco v. Environmental Protection Agency and the implications of the decision for the administration of permits under the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES).

Description

On Mar. 4, 2025, the U.S. Supreme Court issued its opinion in City and County of San Francisco v. EPA. The case has significant implications for the administration of NPDES permits under the CWA. The Court held that the EPA cannot include "end-result" provisions in NPDES permits, which prohibit discharges that contribute to violations of water quality standards or create pollution, contamination, or nuisance. This decision shifts the responsibility for ensuring compliance with water quality standards from permittees to the EPA.

The case arose from a dispute over an NPDES permit issued to San Francisco for its Oceanside combined wastewater treatment facility. The permit included specific effluent limitations and narrative limitations, but the controversy centered on two "end-result" provisions. The Supreme Court's majority opinion, delivered by Justice Alito, concluded that these provisions were not authorized by the CWA and that the EPA must develop explicit compliance measures rather than relying on general outcome-based language.

This decision could have far-reaching consequences for both the EPA and permittees. It clarifies the scope of the EPA's authority under the CWA and impacts how NPDES permits are crafted and enforced.

Listen as our expert panel reviews the background of the case and the Court's decision and examines the broader implications for NPDES permits going forward.

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Outline

  1. CCSF v. EPA
  2. Implications for NPDES permits
    1. Changes in permit requirements and compliance measures
    2. Impact on EPA's regulatory authority and responsibilities
  3. Key takeaways
    1. Effects on state regulators and independent discharge permitting
    2. Potential challenges and opportunities for permittees

Benefits

The panel will review these and other key issues:

  • What are the implications of the Supreme Court's decision for NPDES permits?
  • What lessons can be drawn from the Supreme Court's decision regarding specificity in permitting?
  • What are the impacts of the decision on the EPA's regulatory authority and responsibilities?
  • What are the key takeaways for counsel?

Faculty

Bayer, Maureen
Maureen Bayer
Of Counsel
Tonkon Torp

Ms. Bayer is a seasoned environmental attorney, regulatory specialist, and litigator in Tonkon Torp’s...  |  Read More

Additional faculty
to be announced.
Attend on May 13

Early Discount (through 04/18/25)

Cannot Attend May 13?

Early Discount (through 04/18/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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