ELR Citation: 53 ELR 20118
No(s). 21-70282 (9th Cir. Jul 31, 2023)

The Ninth Circuit, 2-1, denied the city of San Francisco's challenge to an EPA order denying review of the city's NPDES permit for a combined sewer system and wastewater treatment facility. The city argued EPA violated the CWA by including in the permit two general narrative prohibitions on discharges that cause or contribute to violations of applicable water quality standards and a requirement that the city update its long-term control plan for its combined sewer overflows (CSOs). The court held the CWA authorized EPA to include the provisions in addition to two more specific effluent limitations in the permit, and that the Agency's decision was rationally connected to evidence that a "backstop" to the more specific provisions would be useful in protecting beneficial uses. Further, the city's CSO control policy authorized EPA to require it to update its long-term control plan and reevaluate alternatives for CSO discharges to sensitive areas. It denied the city's petition for review.