2024-08-07 -Land of the Free
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San Francicso Runs Afoul of the EPA
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[Epoch Times] The Supreme Court stated that it will hear San Francisco’s challenge to Environmental Protection Agency (EPA) water pollution regulations on Oct. 16. The July 26 announcement came as several water management agencies and local governments filed a brief with the nation’s highest court supporting San Francisco’s position in the case.
The EPA’s generic prohibitions leave the City vulnerable to enforcement based on whether the Pacific Ocean meets state-adopted water quality standards. | The city argued in court papers that the agency’s wastewater discharge rules are so "vague" and "nebulous" that they violate federal law.
The city claims that EPA officials misinterpreted a provision of the federal Clean Water Act of 1972 (CWA) when they issued a wastewater discharge permit. In issuing the permit, the officials deviated from the framework of the statute so much that it had the effect of reviving the old regulatory approach that the law had replaced, according to the city.
According to the city, its most recent permit is one of many issued across the country that failed to notify the permit holders about what they must do to comply with the Clean Water Act.
The city’s permit states that San Francisco may not cause or contribute to "exceedances" of water quality standards. Instead of simply advising the city "how much it needs to control its discharges to comply with the Act," the EPA’s "generic prohibitions leave the City vulnerable to enforcement based on whether the Pacific Ocean meets state-adopted water quality standards," according to the petition.
U.S. Solicitor General Elizabeth Prelogar had urged the Supreme Court in an April 12 brief to not accept the case, writing that wastewater discharge permits are specific enough.
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Posted by Bobby 2024-08-07 00:00||
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