On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S. Environmental Protection Agency (and, in California, by the state and regional Water Boards) in NPDES permits are not allowed under the Clean Water Act. This pivotal opinion has major implications for effluent limitations and other conditions that may be imposed on discharges in NPDES permits under the CWA National Pollutant Discharge Elimination System. Issuance of NPDES permits is being delayed while regulatory agencies sort through the Supreme Court opinion.
In Nossaman’s California Water Views – 2025 Outlook, we provide a summary of the City and County of San Francisco v. Environmental Protection Agency case and examine the implications for Clean Water Act permittees and other stakeholders.
PartnerMary Lynn Coffee has extensive experience providing legal and regulatory advice and counsel with respect to complying with and permitting under CEQA, NEPA and state and federal water quality, wetlands, endangered species and ...
PartnerWillis Hon focuses on serving water industry clients across California on a broad range of administrative and regulatory matters. He has extensive experience before the California Public Utilities Commission where he has ...
California Water Views provides timely and insightful updates on the water sector in the state. We relay information on how water legislation and policy from the nation’s capital, Sacramento, and around the U.S. affect California’s water utilities, agencies, practitioners, and consumers. We also write about important events, conferences, legal cases, and other key happenings involving all things water in and around California.
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