By Sharon Franklin.
The March 4, 2025 U.S. Supreme Court (SCOTUS) decision has dealt a blow to the Environmental Protection Agency (EPA). The 5-4 decision effects the landmark Clean Water Act (CWA) of 1972, which is the principal law governing pollution control and water quality of our nation’s waterways. This case drew the attention of powerful business groups (National Mining Association and the US Chamber of Commerce), and was the first case concerning the CWA regulations since the June 2024 Chevron case. This ruling effectively restricts the EPA from holding polluters accountable when water quality falls below federal standards, even if specific permit rules are followed. It also weakens EPA’s ability to regulate water pollution, marking a significant setback for environmental protections under the CWA. This ruling also blocks the EPA from enforcing broad water quality limits through “end result” permits, which require cities and businesses to ensure discharged water meets pollution standards.
In the decision, Justice Samuel Alito wrote that the EPA exceeded its powers, “This case involves provisions that do not spell out what a permittee must do or refrain from doing; rather, they make a permittee responsible for the quality of the water in the body of water into which the permittee discharges pollutants,” “When a permit contains such requirements, a permittee that punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards”.
Environmental groups warn that the decision jeopardizes water quality nationwide, making it easier for polluters to discharge waste into rivers, lakes, and coastal waters while placing more strain on underfunded regulatory agencies.
What Are The Current Results Of The SCOTUS March 4, 2025 Decision, So Far?
In Frankfort, Kentucky on March 12, 2025, a bill was passed that would limit state regulation of water pollution. Kentucky’s Energy and Environment Cabinet Secretary, Rebecca Goodman noted “The bill threatens the water quality of many Kentucky rivers, streams, and tributaries and, as a result, would significantly compromise Kentucky’s groundwater, impacting the water quality of more than 31,000 private use wells and at least 156 public water systems”.
Audrey Ernstberger, Kentucky Resources Council sums up the impact of this Kentucky bill and stated “this bill is dangerous and a deliberate choice to cater to a few at the expense of many and “exposes rural communities to pollution risks that could devastate local economies and health.”
Resources for Blog
https://www.supremecourt.gov/opinions/24pdf/23-753_f2bh.pdf
https://www.nytimes.com/2025/03/04/us/politics/supreme-court-epa-water.html
https://www.theguardian.com/us-news/2025/mar/04/epa-ruling-sewage-water