On May 13, 2025, Tonkon Torp environmental attorney Maureen Bayer co-led a continuing legal education webinar, “City and County of San Francisco v. EPA: Implications for NPDES Permits Under the Clean Water Act,” for an audience of attorneys and environmental professionals.
In March, the U.S. Supreme Court issued its opinion in City and County of San Francisco v. EPA, a case with significant implications for the administration of NPDES permits under the Clean Water Act. The Court held that the EPA cannot include certain “end-result” provisions in NPDES permits. These provisions prohibit discharges that contribute to violations of water quality standards or create pollution, contamination, or nuisance. As a result of the Court’s decision, the responsibility for ensuring compliance with water quality standards has been shifted from permittees to the EPA. This decision could have far-reaching consequences, clarifying the scope of EPA authority under the Clean Water Act and impacting how NPDES permits are crafted and enforced.
In their 90-minute webinar, Maureen and her co-presenter, Steven M. Taber (partner with Leech Tishman), reviewed the background of the case and the Court’s decision and examine the broader implications for NPDES permits going forward.
Listen to a recording of the presentation here.
Maureen is an environmental attorney, regulatory specialist, and litigator in Tonkon Torp’s Environmental & Natural Resources Practice Group. She regularly represents clients facing environmental issues related to regulatory compliance, site contamination, and business transactions. Maureen’s clients cover a variety of industries at some of the largest Superfund sites in the country. She has experience obtaining stormwater, wastewater, and air emissions permits, negotiating settlements and resolving non-compliance issues with regulatory agencies, and transferring permits to new entities following change in ownership.