U.S. Supreme Court further erodes Clean Water Act protections

WASHINGTON — Today the U.S. Supreme Court eliminated a key component of Clean Water Act permits that states and the U.S. Environmental Protection Agency have used for many years to keep us safe and protect our clean water in rivers, lakes, and streams. The ruling affects permits that control water pollution across the country and that protect communities from industrial, construction, stormwater, and other types of harmful pollution.

The case, San Francisco v. EPA, asked the Court to strike down agencies’ Clean Water Act authority to require polluters to comply with water quality standards as a condition of their permits. SELC, along with other environmental organizations, filed a friend of the court brief in the case, explaining why the permit provisions at issue in this case are crucial for protecting communities nationwide.

But the Court ruled that EPA lacks the authority to use permit provisions that broadly prohibit violations of water quality standards in the rivers and lakes that we fish, swim, play in, and use for drinking water. The decision follows the Supreme Court’s 2023 Sackett ruling, which severely cut back the types of waterways protected by the Clean Water Act.

The following statement is from Nick Torrey, Senior Attorney at SELC:

“The Court has yet again chipped away at the important protections Congress put in place in the Clean Water Act, which will have serious repercussions. Congress directed that water pollution permits have to ensure compliance with water quality standards, and we’ve seen firsthand how prohibiting harmful downstream effects has helped protect communities in the South from dangerous pollution like forever chemicals. By eliminating a tool that has simplified permitting and provided flexibility while protecting water quality, today’s ruling will further strain understaffed environmental agencies at the very moment when the administration is working to slash EPA’s ability to do its job. As a result, this decision will lead to more industrial chemicals, sewage, and other dangerous pollution in our water, putting young children, pregnant women, and all of us at greater risk.”