Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Term
2024 Term
Lower Court Opinion
Questions Presented
Whether the Clean Water Act allows EPA (or an authorized state) to impose generic prohibitions in NPDES permits that subject permitholders to enforcement for exceedances of water quality standards without identifying specific limits to which their discharges must conform.
Case Updates
U.S. Chamber files coalition amicus brief urging Supreme Court to hold that the Clean Water Act does not allow EPA or States to impose generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits
July 26, 2024
The U.S. Chamber's coalition amicus brief argued that provisions of this kind purport to subject permitholders to enforcement liability without identifying specific limits to which their discharges into navigable waters must conform.
Misha Tseytlin of Troutman Pepper Hamilton Sanders LLP served as outside counsel.
Cert. petition granted
May 28, 2024
U.S. Chamber files coalition amicus brief urging Supreme Court to review whether the Clean Water Act allows EPA (or an authorized State) to impose generic prohibitions in National Pollutant Discharge Elimination System permits
February 12, 2024
The coalition amicus brief argues that such generic provisions subject permitholders to enforcement liability without identifying specific limits to which their discharges must conform.
Misha Tseytlin, Sean T.H. Dutton, and Abbey M. Thornhill of Troutman Pepper Hamilton Sanders LLP served as outside counsel.
Case Documents
- Appendix Volume I with Lower Court Opinion -- City and County of San Francisco v. EPA (U.S. Supreme Court)
- Appendix Volume II -- City and County of San Francisco v. EPA (U.S. Supreme Court)
- U.S. Chamber Coalition Amicus Brief (cert.) -- City and County of San Francisco v. EPA (U.S. Supreme Court)
- U.S. Chamber Coalition Amicus Brief (merits)-- City and County of San Francisco v. EPA (U.S. Supreme Court)