City and County of San Francisco v. Environmental Protection Agency
Holding
The challenged end-result permitting provisions "which make the permittee responsible for the quality of the water in the body of water into which the permittee discharges pollutants" exceed the Environmental Protection Agency's authority under the Clean Water Act.
Judgment
Reversed, 5-4, in an opinion by Samuel Alito on Mar 4, 2025. Justice Alito delivered the opinion of the court, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined, in which Justice Gorsuch joined as to all but Part II, and in which Justices Sotomayor, Kagan, Barrett, and Jackson joined as to Part II. Justice Barrett filed an opinion dissenting in part, in which Justices Sotomayor, Kagan, and Jackson joined.
Jan 8, 2024Petition for a writ of certiorari filed. (Response due February 12, 2024)Feb 7, 2024Motion to extend the time to file a response from February 12, 2024 to March 13, 2024, submitted to The Clerk.
Feb 8, 2024Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2024
Feb 12, 2024Brief amici curiae of National Mining Association, et al. filed.Feb 12, 2024Brief amici curiae of Public Wastewater and Stormwater Agencies and Municipalities filed.Mar 1, 2024Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.Mar 4, 2024Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024
Apr 12, 2024Brief of respondent Environmental Protection Agency in opposition filed.Apr 30, 2024DISTRIBUTED for Conference of 5/16/2024.
Apr 30, 2024Reply of petitioner City and County of San Francisco filed. (Distributed)May 8, 2024Supplemental brief of petitioners City and County of San Francisco filed. (Distributed)May 20, 2024DISTRIBUTED for Conference of 5/23/2024.
May 28, 2024Petition GRANTED.
May 30, 2024Motion for an extension of time to file the briefs on the merits filed.Jun 4, 2024Motion to extend the time to file the briefs on the merits granted. the joint appendix and petitioner's brief on the merits is extended to and including July 19, 2024. The time to file respondent's brief on the merits is extended to and including August 26, 2024.
Jul 19, 2024Brief of petitioner City and County of San Francisco filed.Jul 19, 2024Joint Appendix not accepted for filing(Duplicate version received). ( (July 23, 2024)
Jul 19, 2024Joint appendix filed. (Statement of costs filed)Jul 26, 2024SET FOR ARGUMENT on Wednesday, October 16, 2024.
Jul 26, 2024Brief amici curiae of National Mining Association, et al. filed.Jul 26, 2024Brief amici curiae of The National Association of Home Builders, et al. filed.Jul 26, 2024Brief amici curiae of Public Wastewater and Stormwater Agencies and Municipalities filed.Jul 26, 2024Brief amicus curiae of Hayden Area Regional Sewer Board filed.Jul 26, 2024Brief amici curiae of Local Government Legal Center; et al. filed.Jul 29, 2024Record requested from the United States Court of Appeals for the Ninth Circuit.
Jul 29, 2024Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
Aug 8, 2024CIRCULATED
Aug 26, 2024Brief of respondent Environmental Protection Agency filed. (Distributed)Aug 30, 2024Brief amicus curiae of Orange County Coastkeeper filed. (Distributed)Sep 3, 2024Brief amici curiae of Environmental and Community Organizations filed. (Distributed)Sep 3, 2024Brief amicus curiae of California filed. (Distributed)Sep 3, 2024Brief amici curiae of Washington, et al. filed. (Distributed)Sep 3, 2024Brief amici curiae of Small Business Owners and Operators filed. (Distributed)Sep 25, 2024Reply of petitioner City and County of San Francisco filed. (Distributed)Oct 16, 2024Argued. For petitioner: Tara M. Steeley, Deputy City Attorney, San Francisco, Cal. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C
Mar 4, 2025Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined, in which Gorsuch, J., joined as to all but Part II, and in which Sotomayor, Kagan, Barrett, and Jackson, JJ., joined as to Part II. Barrett, J., filed an opinion dissenting in part, in which Sotomayor, Kagan, and Jackson, JJ., joined.
Apr 7, 2025Judgment Issued.Recommended Citation: City and County of San Francisco v. Environmental Protection Agency, SCOTUSblog, https://www.scotusblog.com/cases/city-and-county-of-san-francisco-v-environmental-protection-agency/