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San Francisco to Challenge Biden Administration in Supreme Court Over Federal Water Permit Regulations

San Francisco is set to challenge the Biden administration in the Supreme Court over federal water permits. The city argues that EPA cannot create generic provisions that punish Clean Water Act permit holders for exceeding water quality standards without specifying limits on discharges. The 9th U.S. Circuit Court of Appeals recently found that EPA can say in National Pollutant Discharge Elimination System (NPDES) permits not to release “too much” pollution without offering numerical contamination thresholds. San Francisco argues that these generic prohibitions fail to promote environmental protection while exposing permitholders to enforcement they cannot avoid.

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