The U.S. Supreme Court begins its 2024 session Oct. 7 with a docket featuring cases that could have far-reaching impacts on construction—including San Francisco v. EPA, with oral arguments set for Oct. 16. Justices will consider whether National Pollutant Discharge Elimination System permits can be enforced under the federal Clean Water Act if they include generic, rather than specific, language on requirements for treated wastewater discharge into the ocean.
The case pits numerous municipal water-sector utilities, construction industry associations and other trade groups against the U.S. Environmental Protection Agency. The City and County of San Francisco petitioned the high court to review the case after a 2023 decision by the U.S appeals court in that city rejected the San Francisco Public Utility Commission's arguments that language in its new permit was so vague that the utility could face penalties for failing to understand what the requirements were.