Landmark Clean Water Act Victory in U.S. Supreme Court for City and County of San Francisco

B&D successfully represented the City and County of San Francisco in City & County of San Francisco v. Environmental Protection Agency, in which the Supreme Court held that the Clean Water Act (CWA) does not empower the U.S. Environmental Protection Agency (EPA) or authorized states to impose prohibitions in National Pollutant Discharge Elimination System permits that make permitholders responsible for the overall quality of waterbodies. Instead, the Court ruled EPA and authorized states have a duty to specify the concrete steps permitholders must take to protect water quality and comply with their permits. This landmark ruling helps ensure that regulated parties have clear guidance on what they must do to comply with the CWA.

B&D represented San Francisco before EPA’s Environmental Appeals Board, the U.S. Court of Appeals for the Ninth Circuit, and the Supreme Court. American Lawyer recognized B&D for this win in its “Litigator of the Week” feature.