Sander Kushen, sander.kushen@sierraclub.org
Washington, DC — The Supreme Court heard arguments today in San Francisco v EPA. If the Court sides with San Francisco, the ruling could fundamentally weaken the Clean Water Act by further diminishing EPA’s ability to hold polluters accountable for water pollution that threatens public health and safety.
The case originated when San Francisco challenged the Clean Water Act permit for one of its sewage-treatment plants, in an attempt to avoid restrictions on the quantity of raw sewage it could release along the City’s Pacific shore. After losing in the 9th U.S. Circuit Court of Appeals, the city chose to seek Supreme Court review.
San Francisco's side of the case is supported by major polluters, including the National Mining Association, American Petroleum Institute, American Gas Association and American Chemistry Council. Opposing the city are public interest environmental groups, small business owners and fishermen, the State of California and 14 other states. A decision is expected in 2025.
In response, Sanjay Narayan, Chief Appellate Counsel of Sierra Club’s Environmental Law Program, released the following statement:
“The Clean Water Act does not contain the limitation that San Francisco is asking the Court to insert–one that would prevent EPA from ensuring that polluters do not threaten public health and safety, and one that ignores the basic reality that large water bodies like the San Francisco Bay change from day to day and month to month.
“This Supreme Court has already sharply limited the reach of the Clean Water Act, constrained EPA’s ability to address climate pollutants under the Clean Air Act, and limited agencies’ ability to sensibly implement statutes protecting the public by eliminating Chevron deference. San Francisco’s City Attorney David Chiu–in defiance of the City’s Board of Supervisors–is delivering polluters an opportunity to further restrict the Clean Water Act. That is a profoundly irresponsible decision, and a disservice to San Francisco residents and the country at large.”
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.