Plain-English summary
Court rules EPA exceeded Clean Water Act authority by allowing permits that make dischargers responsible for waterbody's
The Supreme Court reversed the Ninth Circuit and held that certain EPA permit provisions were unlawful because they require permit holders to ensure the quality of the receiving water body rather than limiting responsibility to pollutants they discharge. The case interprets what the Clean Water Act allows EPA and states to put in discharge permits.
Why this matters
This decision limits how far EPA and state permitting authorities can go when writing discharge permits. Agencies cannot shift responsibility for a water body's overall quality onto individual permittees; permits must focus on controlling discharges of pollutants from the permittee. That affects the scope of regulatory requirements placed on municipalities, industry, and others who hold Clean Water Act permits.
Who may feel it
- Municipal wastewater and stormwater permit holders (cities, counties)
- Industrial facilities with NPDES permits
- State environmental agencies that issue permits under EPA authorization
- The EPA and federal regulators
- Communities and environmental groups concerned with water quality
Key questions
- Does the Clean Water Act authorize EPA or authorized states to issue permits that require permittees to be responsible for the overall quality of the receiving water body?