• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Environmental
  • schedule 90 minutes

City and County of San Francisco v. EPA: Implications for NPDES Permits Under the Clean Water Act

$297.00

This course is $0 with these passes:

CLE
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About the Course

Introduction

This CLE webinar will guide environmental counsel on the recent Supreme Court decision in City and County of San Francisco v. Environmental Protection Agency and the implications of the decision for the administration of permits under the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES).

Description

On Mar. 4, 2025, the U.S. Supreme Court issued its opinion in City and County of San Francisco v. EPA. The case has significant implications for the administration of NPDES permits under the CWA. The Court held that the EPA cannot include "end-result" provisions in NPDES permits, which prohibit discharges that contribute to violations of water quality standards or create pollution, contamination, or nuisance. This decision shifts the responsibility for ensuring compliance with water quality standards from permittees to the EPA.

The case arose from a dispute over an NPDES permit issued to San Francisco for its Oceanside combined wastewater treatment facility. The permit included specific effluent limitations and narrative limitations, but the controversy centered on two "end-result" provisions. The Supreme Court's majority opinion, delivered by Justice Alito, concluded that these provisions were not authorized by the CWA and that the EPA must develop explicit compliance measures rather than relying on general outcome-based language.

This decision could have far-reaching consequences for both the EPA and permittees. It clarifies the scope of the EPA's authority under the CWA and impacts how NPDES permits are crafted and enforced.

Listen as our expert panel reviews the background of the case and the Court's decision and examines the broader implications for NPDES permits going forward.

Presented By

Maureen Bayer
Of Counsel
Tonkon Torp LLP

Ms. Bayer is a seasoned environmental attorney, regulatory specialist, and litigator in Tonkon Torp’s Environmental & Natural Resources Practice Group and Business Department. Her practice is focused on representing clients facing environmental issues related to regulatory compliance, site contamination, and business transactions. Ms. Bayer has significant legal and technical experience remediating contaminated property and managing all stages of environmental litigation. She guides landowners through the appropriate steps when they suspect their property may be contaminated, assists clients with reporting obligations, works with consultants to ensure proper documentation of investigation and cleanup activities, and helps recover costs from responsible parties.

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Steven M. Taber
Partner
Leech Tishman

Mr. Taber regularly advises clients on environmental law, aviation and airport development law matters, corporate legal issues, complex litigation, and intellectual property law. He brings a wealth of knowledge to these seemingly disparate areas of practice through his experience as a government attorney, in-house counsel, and an attorney in private practice. Mr. Taber has experience in both regulatory and litigation aspects of environmental law. Prior to joining Leech Tishman, he served as Owner of Taber Law Group, P.C., where he advised clients in matters arising under the National Environmental Policy Act, the California Environmental Quality Act, the Federal Clean Air Act, the Clean Water Act, and the Toxic Substances Control Act, as well as the emerging regulations and statutes concerning climate change.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, May 13, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. CCSF v. EPA
  2. Implications for NPDES permits
    1. Changes in permit requirements and compliance measures
    2. Impact on EPA's regulatory authority and responsibilities
  3. Key takeaways
    1. Effects on state regulators and independent discharge permitting
    2. Potential challenges and opportunities for permittees

The panel will review these and other key issues:

  • What are the implications of the Supreme Court's decision for NPDES permits?
  • What lessons can be drawn from the Supreme Court's decision regarding specificity in permitting?
  • What are the impacts of the decision on the EPA's regulatory authority and responsibilities?
  • What are the key takeaways for counsel?