On March 4, the City and County of San Francisco and a Beveridge & Diamond (B&D) team led by Principal Drew Silton (Washington, DC), secured a significant victory in the U.S. Supreme Court in City and County of San Francisco v. Environmental Protection Agency, No. 23-753. The Court held that the Clean Water Act (CWA) does not empower the U.S. Environmental Protection Agency (EPA) or authorized states to impose prohibitions in National Pollutant Discharge Elimination System (NPDES) permits that make permitholders responsible for the overall quality of waterbodies.
In a 5-4 ruling, the Court concluded that EPA lacks the authority to impose these “end result” prohibitions, which make individual permitholders responsible for water quality conditions that no single permittee can control. As the Court’s majority opinion explained, the CWA instead makes it “EPA’s responsibility” to define “what steps a permittee must take to ensure that water quality standards are met.” After this ruling, EPA can no longer leave permitholders in the dark about what they must do to protect water quality.
“The Court provided much-needed clarity for San Francisco and other NPDES permitholders. This decision makes clear that EPA and authorized states cannot shirk their duty under the Act to ensure that every permittee knows precisely what is required of them. We are pleased for our client, the City and County of San Francisco, and are honored to have achieved this result in partnership with them,” said Drew.
In addition to Drew, the B&D team on this case includes Principals John Cruden and Richard Davis, as well as Associate Chad Hughes and Paralegal Laura Milano.
Coverage of the high court’s opinion can be found in the New York Times, Washington Post, Associated Press, National Law Journal, Inside EPA, and Law360, among other media outlets.
American Lawyer named Drew a Litigator of the Week Runner-Up for the win in its Litigator of the Week competition (subscription required).
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