In recent legal events, the 9th Circuit Court of Appeals has confirmed the authority of the Environmental Protection Agency (EPA) to include narrative prohibitions in National Pollutant Discharge Elimination System (NPDES) permits. This ruling was made following a dispute put forward by the city of San Francisco, who disputed the EPA’s jurisdiction to impose narrative restrictions pertaining to the compliance with water quality criteria.[JD Supra]
The key point of contention in this case centred around the NPDES permit issued to San Francisco’s Oceanside sewer system. The city challenged this on the basis that they believed the EPA did not have the legal authority to implement narrative forbearance relating to agreement with water quality criteria.
This case once again brings into focus the ongoing debate around the extent of the EPA’s authority and the framework within which it operates, especially its powers in regards to the inclusion of narrative criteria in NPDES permits. According to the 9th Circuit Court of Appeals, this authority appears to be sanctioned, at least for the time being.
Consequently, legal professionals working within environmental law in large corporations and law firms should take heed of this development, noting the present scope of the EPA’s authority and what it implies for their own practices. This ongoing scrutiny of the EPA’s mandate is likely to continue generating interesting legal observations in the near future.