Reese Tisdale is joined by Bluefield’s Senior Research Director Greg Goodwin to explore the upcoming Supreme Court case: City and County of San Francisco vs. Environmental Protection Agency. The outcome of this case could reshape the balance of regulatory authority between federal and state governments, with major implications for water quality standards across the U.S.
The case centers on San Francisco’s challenge to the EPA’s authority under the Clean Water Act, particularly its use of vague discharge rules that lack clear numerical limits. San Francisco argues that the EPA’s reliance on generic prohibitions without quantifiable limits makes compliance difficult and could result in up to US$10 billion in additional capital expenditures.
On the other side, thirteen Attorneys General for Democratically governed states are urging the Court to preserve the EPA’s authority to set “narrative” limits, supported by scientists who claim that narrative-based limitations can be more effective in certain cases, such as nutrient discharges, by allowing more flexibility for the permit holder.
Reese and Greg dive into six key questions:
- What is the significance of the upcoming Supreme Court hearing on the EPA and water regulations?
- How does the case challenge the Clean Water Act?
- What are the potential legal implications for cities and industries if the Supreme Court limits the EPA’s regulatory power?
- How does this Supreme Court case tie into broader regulatory shifts in the water sector, especially with the 2024 elections on the horizon?
- What impact could a decision in favor of San Francisco have on national water policies?
- How this case connects to broader concerns in the water industry, such as PFAS and lead service line replacement?
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Related Research & Analysis:
- Water on Trial: SCOTUS and the Clean Water Act
- 2024 U.S. Elections: Implications for the Water Industry
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