The Supreme Court agreed on May 28 to hear San Francisco’s appeal of a federal appeals court ruling that allows the EPA to issue discharge permits that order cities not to pollute water bodies “too much” but do not provide a specific limitation.

The issue is whether the Environmental Protection Agency or states are allowed to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for running afoul of water quality standards without identifying the specific limits to which the discharges are supposed to conform.

The petition for certiorari, or review, in City and County of San Francisco v. Environmental Protection Agency, was granted in an unsigned order.

No justices dissented. No reason was provided for the decision. At least four of the nine justices must vote to grant the petition for it to advance to the oral argument stage.

Oral argument in the case is expected to be heard in the Supreme Court’s new term that begins in October.

Read Full Article Here