Redefining EPA Authority—San Francisco v. EPA

Redefining EPA Authority—San Francisco v. EPA

Author: ABA Section of Environment, Energy, and Resources May 5, 2025 Duration: 36:44

Join Tim Kelly (Hausfeld) and Misha Tseytlin (Troutman Pepper Locke) as they unpack the U.S. Supreme Court's landmark decision in City and County of San Francisco v. EPA. The ruling struck down the EPA's use of "end-result" requirements in NPDES permits, ruling that the Clean Water Act (CWA) does not authorize the agency to impose permit conditions that hold dischargers responsible for overall water quality in receiving waters. The decision has significant implications for municipal wastewater treatment, regulatory enforcement, and the scope of the EPA's authority under the CWA.

In this episode, they explore:

  • The legal reasoning behind the Court's decision, including highlights from the majority and dissenting opinions

  • The implications for municipal wastewater treatment plants, particularly those operating combined sewer systems

  • How the decision impacts the EPA's regulatory powers and enforcement strategies

  • What this means for the future of Clean Water Act litigation and the evolving role of state environmental agencies

Whether you're a legal practitioner, environmental policy expert, or simply interested in water law, this episode offers valuable insight into a pivotal case reshaping federal environmental regulation.


Tune into Environmental Law Explored: A Podcast SEERies for a direct line to the minds shaping our world's environmental, energy, and resource policies. Produced by the ABA Section of Environment, Energy, and Resources, this series features candid conversations with leading practitioners who are navigating the complex intersection of law, policy, and science. You'll hear them unpack not just the latest regulatory shifts and courtroom battles, but also the historical context that brought us here and the practical realities of building a career in this dynamic field. Each episode goes beyond dry legal analysis to explore the human stories and professional insights behind the headlines. Whether you're a seasoned attorney, a law student, or simply someone keenly interested in how environmental governance works, this podcast offers an accessible yet deeply informed perspective. The discussions are grounded in real-world experience, providing listeners with a nuanced understanding of how laws are interpreted, challenged, and implemented. Remember, the views expressed belong solely to the speakers. For anyone looking to grasp the forces that dictate our relationship with the planet, this is an essential listen.
Author: Language: English Episodes: 79

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