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

Environmental Law Explored: A Podcast SEERies
Podcast Episodes
LDP Speaker Series: Value and Art of Networking [not-audio_url] [/not-audio_url]

Duration: 52:12
Past Section Chair Alexandra Dapolito Dunn discusses the value and art of networking, with many tips on how to create a memorable impression. Dunn is a former chair of our Section from 2012-2013, and currently serves as…
EPA Audit Policies and Voluntary Disclosure Process [not-audio_url] [/not-audio_url]

Duration: 24:23
The U.S. EPA developed it's voluntary disclosure program to provide additional incentives for regulated entities to identify and correct non-compliance. Andy Emerson of the ABA Section of Environment, Energy, and Resourc…
Spring Conference Preview: Endangered Species Act, Clean Power Plan [not-audio_url] [/not-audio_url]

Duration: 27:45
The ABA Section of Environment, Energy, and Resources hosts the 45th Annual Spring Conference on Environmental Law on March 30-April 1, 2016 in Austin, Texas. Co-hosts Sean Dixon and Maggie Peloso interview two featured…
LDP Series: Dealing with Difficult Personalities [not-audio_url] [/not-audio_url]

Duration: 25:07
The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Steve Miano, a shareholder with the…
LDP Series: Work-Life Balance [not-audio_url] [/not-audio_url]

Duration: 10:05
The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Margaret Peloso, a senior associate…
LDP Series: Professionalism in the Legal Profession [not-audio_url] [/not-audio_url]

Duration: 36:36
The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Roger Martella, former general coun…
US vs EU Chemical Regulation Podcast [not-audio_url] [/not-audio_url]

Duration: 12:01
Our panel gives a basic overview of the key areas of alignment and non-alignment between the European Union's and the United States's approach to chemical management by exploring the Registration, Evaluation, Authorizati…
Climate Change and the Clean Power Plan [not-audio_url] [/not-audio_url]

Duration: 16:17
Our panel briefly discusses current developments in Climate Change related to the Clean Air Act, the Clean Power Plan, and future developments prior to the 2015 Paris meetings on Global Climate Change. The discussion foc…