'Literally Eat Sh*t': Supreme Court Strikes Down EPA Clean Water Rule
"This ruling undermines decades of progress in environmental protection and leaves communities vulnerable to unchecked pollution," said one critic.
The right-wing U.S. Supreme Court on Tuesday overturned federal rules regulating the discharge of water pollution, weakening the Clean Water Act in an unusual case in which one of the country's greenest cities found itself at odds with the Environmental Protection Agency.
The high court ruled 5-4 in San Francisco v. Environmental Protection Agency that EPA limitations banning discharges that cause or contribute to violations of water quality standards are an overreach of the agency's statutory authority. The California city joined polluter lobbyists including the National Mining Association, American Farm Bureau Federation, and American Fuel and Petrochemical Manufacturers in challenging the EPA's so-called "end-result" requirements.
The ruling severely limits the power of the EPA and states to safeguard water quality under the Clean Water Act (CWA) and undermines the landmark law's stated mission to "restore and maintain the chemical, physical, and biological integrity of the nation's waters."
In a 5-4 decision, the Supreme Court weakened the Clean Water Act's limitations on raw sewage discharge into our water. This will hurt the health of Americans, especially working class people from all backgrounds. Americans deserve clean water.
— Nina Turner ( @ninaturner.bsky.social) March 4, 2025 at 8:57 AM
Writing for the majority—which also included Chief Justice John Roberts and Justices Brett Kavanaugh, Clarence Thomas, and Neil Gorsuch—far-right Justice Samuel Alito asserted that the EPA "resorting to such requirements is not necessary to protect water quality," and that "if the EPA does its work, our holding should have no adverse effect on water quality."
Alito apparently did not take into account what the Sierra Club has called the Trump administration's " unprecedented" attacks on the EPA, one of numerous federal agencies targeted by Elon Musk's Department of Government Efficiency for terminations and cutbacks.
Justice Amy Coney Barrett joined the three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—in dissent.
Tuesday's ruling follows Sackett v. Environmental Protection Agency, a 2023 decision in which the high court severely curtailed protections for "waters of the United States" by holding that the CWA only covers wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters."
Responding to Tuesday's ruling, Sanjay Narayan, chief appellate counsel of Sierra Club's Environmental Law Program, said in a statement that "SCOTUS' decision ignores the basic reality of how water bodies and water pollution work, and could stymie the ability of the EPA to implement the Clean Water Act, a bedrock environmental law that has kept water safe for the last 50 years."
"Because the EPA is not allowed to include health-based standards when regulating water pollution, it'll need to know everything about what might be discharged before a clean water permit can be issued—making the permitting process delayed and incredibly expensive," Narayan added. "The result is likely to be a new system where the public is regularly subjected to unsafe water quality."
Waterkeeper Alliance CEO Marc Yaggi said that "bit by bit, the power of the Clean Water Act is being undermined, weakening protections for our waters, and limiting EPA's ability to safeguard public health and the environment."
"The Supreme Court has set a dangerous precedent that could compromise the safety of our rivers, lakes, and drinking water sources," Yaggi added. "This ruling undermines decades of progress in environmental protection and leaves communities vulnerable to unchecked pollution."
Campaign for New York Health executive director Melanie D'Arrigo said on social media, "The five Supreme Court justices who voted to weaken the Clean Water Act should be forced to drink a nice tall glass of raw sewage discharge."
