Supreme Court Limits EPA’s Authority To Set Receiving Water Limitations

The Supreme Court in a 5-4 decision has held that EPA lacks authority under the Clean Water Act (CWA) to set restrictions in water pollutant discharge permits that achieve an “end-result” for receiving waters, finding that it is the agency’s responsibility to determine the steps a permittee must take to ensure water quality standards are met. “A ‘limitation’ is ‘a restriction . . . imposed from without,’ not an end-result requirement leaving permittees to determine necessary steps. . . ...