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US Supreme Court limits EPA's power to regulate water pollution discharge

US Supreme Court limits EPA's power to regulate water pollution discharge

The U.S. Supreme Court delivered a major blow to the Environmental Protection Agency on Tuesday in a case involving a wastewater-treatment facility owned by San Francisco. This ruling could make it more difficult for regulators and law enforcement to monitor water pollution.

In a decision of 5-4, the justices ruled that the EPA had exceeded its authority in a landmark antipollution act by including vague restrictions on a permit for the wastewater treatment plant, which empties directly into the Pacific Ocean. The city sued the EPA to challenge its restrictions.

The decision, written by conservative Justice Samuel Alito in San Francisco, overturned a ruling by the 9th U.S. Circuit Court of Appeals. Circuit Court of Appeals had previously upheld the permit.

Alito wrote in his letter that the EPA had exceeded its authority under the landmark Clean Water Act (1972) by imposing on permit holders undefined standards for water quality within the receiving water body.

Alito wrote: "This case involves provisions which do not specify what a permittee is required to do or refrain from; they instead make the permittee accountable for the quality in the water of the body of water that the permittee discharges contaminants into."

Alito said that "when a permit has such requirements, the permittee who follows the permit to the letter may still face crushing penalties" if the water quality in the receiving waters is below the standards.

State water quality standards must be approved by the federal government.

Amy Coney Barrett, a conservative justice on the court, wrote a dissent to which three members of the liberal court also signed.

Barrett wrote that "EPA must issue the limits necessary to ensure the water quality standards have been met." If EPA is denied a tool, it may be harder for them to issue permits to municipalities and businesses to ensure that their discharges are legal.

In recent years, the Supreme Court has weakened the EPA’s power as part of a number of rulings that have lowered the federal regulatory agencies’ authority.

(source: Reuters)