On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S. Environmental Protection Agency (and, in California, by the state and regional Water Boards) in NPDES permits are not allowed under the Clean Water Act. This pivotal opinion has major implications for effluent limitations and other conditions that may be imposed on discharges in NPDES permits under the CWA National Pollutant Discharge Elimination System. Issuance of NPDES permits is being delayed while regulatory agencies sort through the Supreme Court opinion.
In Nossaman’s California Water Views – 2025 Outlook, we provide a summary of the City and County of San Francisco v. Environmental Protection Agency case and examine the implications for Clean Water Act permittees and other stakeholders.
