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

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.

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

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?