Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.
Law and Environment
AUGUST 2, 2023
Moreover, while this case does not involve the definition of WOTUS, I think that there are echoes of Justice Alito’s opinion for the Court in its recent decision in Sackett in the objections raised by San Francisco to the NPDES permit here. My initial read was that SCOTUS wouldn’t be interested in reviewing a challenge to an NPDES permit.
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