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San Francisco Renews Cert Bid In CWA Case, Citing New EPA Enforcement

Environmental Law Chair Jeff Porter spoke to Inside EPA on San Francisco urging the Supreme Court to review a split Ninth Circuit decision upholding an EPA National Pollutant Discharge Elimination System permit with narrative standards.

Jeff said, “Until last week the City and County of San Francisco, and the fifteen industry groups and dozen or so water supply and conservation associations supporting them, could only speak of the possibility of ‘crushing’ ‘enforcement.' Now the fact of such enforcement is irrefutable. There may be a compelling reason that EPA absolutely needed to file suit against the City of San Francisco under the Clean Water Act while the United States Supreme Court was deciding whether to hear the City’s appeal of a closely related permit issued by EPA to the City and the County under that same Clean Water Act, but I can’t for the life of me think of what that reason would be.”


Inside EPA