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case in which the city alleges the agency exceeded its statutory authority under the Clean Water Act by declining to issue specific restrictions on wastewater pollution in a permit. The city maintains that the lack of clear, specific limits leaves it vulnerable to penalties.
In 2019, the EPA approved San Francisco’s NPDES permit for the city’s sewer system and wastewater treatment facility, but the city argued that the permit’s limits on wastewater discharge was too broad. The city challenged the EPA’s permit in the U.S. Court of Appeals for the Ninth Circuit, but the court upheld the agency’s authority under the Communications Workers of America to issue “general narrative prohibitions,” or broad limits on wastewater discharge.
“Some people like these kinds of standards,” Kagan said. “If the EPA couldn’t do these standards, presumably they would do something else which might be more prescriptive, which some parties might really hate.”city’s board of supervisors “You can sit back, and also, you don’t even have to allocate among many different polluters who’s responsible for what,” Roberts suggested.
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