Supreme Court sides with San Francisco and makes it harder for EPA to police sewage discharges

WASHINGTON  — A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling for San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains.

By a 5-4 vote, the court’s conservative majority ruled that the Environmental Protection Agency overstepped its authority under the Clean Water Act with water pollution permits that contain vague requirements for maintaining water quality.

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The decision is the latest in which conservative justices have reined in pollution control efforts.

Justice Samuel Alito wrote for the court that EPA can’t make cities and counties responsible for maintaining the quality of the water, the Pacific Ocean in this case, into which wastewater is discharged.

One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent.

The case produced an unusual alliance of the liberal northern California city, energy companies and business groups.

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