The Supreme Court on Tuesday weakened federal protections against raw sewage discharge into water supplies, ruling 5-4 to limit the Environmental Protection Agency’s (EPA) authority under the Clean Water Act.
The court’s conservative majority decided that the EPA cannot impose broad, water quality-based limits on pollution permits and must instead set specific conditions for each permittee. The ruling is a victory for the city of San Francisco, which challenged the agency’s ability to issue general pollution restrictions on its wastewater discharge permit.
WHY IT MATTERS: The decision weakens the 1972 Clean Water Act, making it easier for corporations and municipalities to pollute rivers, lakes, and oceans—risking public health and environmental safety in favor of industry interests.
THE BACKGROUND: The case stemmed from an EPA permit that restricted San Francisco’s sewage discharge into the Pacific Ocean.
- The permit included general prohibitions on pollution that could degrade water quality.
San Francisco challenged these conditions, arguing that the EPA lacked the authority to enforce them. A federal appeals court upheld the EPA’s authority, but the Supreme Court overturned that decision.
THE DETAILS: The ruling was written by Justice Samuel Alito and joined by Chief Justice John Roberts and Justices Clarence Thomas, Brett Kavanaugh, and Neil Gorsuch.
- The majority found that the EPA’s approach—holding permit holders responsible for overall water quality—was unlawful. Instead, the agency must set specific pollution limits for each permittee, making it harder to enforce broad environmental protections.
Justice Amy Coney Barrett dissented, joined by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Barrett argued that the Clean Water Act explicitly gives the EPA the power to impose strict pollution limits to protect water quality.
BIG PICTURE: The ruling is a win for big business. Industry groups, including the National Mining Association and the U.S. Chamber of Commerce, backed San Francisco’s case, pushing for looser regulations that would allow more pollutants into waterways.
WHAT’S NEXT: With the Supreme Court chipping away at the Clean Water Act, expect more legal battles over environmental regulations. The decision also comes in the wake of the court’s June 2024 ruling eliminating Chevron deference, making it easier for corporations to challenge federal agency authority. As climate crises intensify, the burden now shifts to Congress and state governments to strengthen water protections—if they choose to act.