Backing Cert, Industry Warns CSO Ruling Eviscerates CWA Permit Shield

February 26, 2024
Industry, municipal and a range of other groups are urging the Supreme Court to grant the City and County of San Francisco’s petition for review of a split appellate ruling finding that EPA has authority to set general narrative prohibitions in Clean Water Act (CWA) permits, fearing that the underlying ruling upholding such terms undercuts the law’s permit shield, thus exposing them to enforcement actions. A coalition of 15 industry groups led by the National Mining Association (NMA) filed a...

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