Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as easy as possible for members of the public to source information about what is happening at the Supreme Court. For that reason, we read every Opinion Syllabus without any commentary whatsoever. Further, there are no advertisements or sponsors. We call it "information sourcing," and we hope that the podcast is a useful resource for members of the public who want to understand the legal issues of the day, prospective law students who want to get to know legal language and understand good legal writing, and attorneys who can use the podcast to be better advocates for their clients.
*Note this podcast is for informational and educational purposes only.
Supreme Court Decision Syllabus (SCOTUS Podcast)
San Francisco v. EPA (Admin Law / Clean Water Act)
In City and County of San Francisco v. Environmental Protection Agency, the Supreme Court addressed the scope of the EPA's authority under the Clean Water Act (CWA). The case arose when the EPA issued a National Pollutant Discharge Elimination System (NPDES) permit to San Francisco's wastewater treatment facilities, including provisions that prohibited discharges contributing to violations of water quality standards and creating pollution or nuisance as defined by California law. San Francisco challenged these "end-result" requirements, arguing they exceeded the EPA's statutory authority.
The Ninth Circuit upheld the EPA's permit conditions, interpreting Section 1311(b)(1)(C) of the CWA to authorize any limitations necessary to meet water quality standards, not limited to specific effluent limitations.
The Supreme Court reversed this decision, holding that Section 1311(b)(1)(C) does not authorize the EPA to include "end-result" provisions in NPDES permits. The Court emphasized that it is the EPA's responsibility to determine specific steps a permittee must take to ensure compliance with water quality standards, rather than imposing broad, outcome-based requirements.
Justice Samuel Alito delivered the opinion of the Court, in which Chief Justice John Roberts and Justices Clarence Thomas and Brett Kavanaugh joined. Justice Neil Gorsuch joined as to all but Part II. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson joined as to Part II. Justice Barrett filed an opinion dissenting in part, joined by Justices Sotomayor, Kagan, and Jackson.
Read by RJ Dieken.
