Community Decries Dangerous Lawsuit Threatening Clean Water in San Francisco and Across the U.S.

San Francisco vs. EPA could degrade Bay water quality and weaken the Clean Water Act
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SAN FRANCISCO — A public letter to Mayor Breed signed by 47 local and statewide groups, along with the turnout of over 50 people at a Tuesday Board of Supervisors Meeting, is adding to growing public pressure for San Francisco to drop its ongoing lawsuit against the EPA. The case, scheduled to be argued in front of the Supreme Court next month, could have potentially devastating impacts on local water quality and public health. 

The case began when San Francisco challenged the EPA’s rules on offshore pollution, contradicting decades of regulatory precedent under the Clean Water Act in an effort to skirt responsibility for the cleanup of water outside a sewage treatment facility. After the 9th Circuit rejected the City’s arguments, the Supreme Court agreed to review the case and is scheduled to hear oral arguments on October 16th.

Experts warn that the City’s argument, if successful before the Supreme Court, would substantially damage the Clean Water Act.

In response, the Sierra Club, the Marie Harrison Community Foundation, Southern Environmental Law Center and San Francisco Baykeeper issued the following statements:

Scott Webb, Vice Chair of the Sierra Club San Francisco Bay Chapter, said: 
I have heard a lot of talk from our city’s leaders about their vision to “bring San Francisco back.” Even so, David Chiu and Mayor Breed continue to downplay the community’s concerns. They’re trying to gaslight the public into accepting a sewage-filled Bay as our new norm.

“What made San Francisco great was our courage to stand up for what's right, not what is convenient, to be a leader in the fight for environmental justice, and not contribute to the problem. This is a watershed moment for San Francisco. Are our elected officials on the side of polluters or community members?”

Arieann Harrison, Founder and CEO of the Marie Harrison Community Foundation, said:
"San Francisco faces a long history of environmental justice issues, especially in District 10. Pursuing this lawsuit is a clear violation of our ecosystem, our renowned seafood industry, and the wellbeing of our community. Rather than taking this legal action, the city should focus on corrective measures to protect our beautiful Bay and shoreline. As a city that prides itself on climate leadership, San Francisco should represent its residents in a way that makes sense. We reserve the right to clean air, water, and land."

Nick Torrey, Senior Attorney at the Southern Environmental Law Center, said
“This case asks the Supreme Court to take away a key tool that states and EPA use all the time to keep us safe and protect our rivers, lakes, and streams from dangerous chemicals, dirty water, and foul odors. If the Supreme Court goes along with San Francisco’s attempted rollback of the Clean Water Act, families all over the country will lose important protections against water pollution.”

Ben Eichenberg, Staff Attorney for San Francisco Baykeeper, said: 
"San Francisco v. EPA uses this city’s good name to show the whole country that progressive San Francisco isn’t willing to clean up its own mess. This case is embarrassing and represents the worst kind of hypocrisy. The people of San Francisco want clean water, so why are we suing the EPA to allow us to dump our sewage and trash in the ocean? Let’s spend that money where it should be spent, on cleaning up our own mess."

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.