ARTBA Backs Supreme Court Challenge to EPA Clean Water Act Permit

What happened: A challenge before the U.S. Supreme Court to EPA’s Clean Water Act by the City and County of San Francisco received backing by ARTBA and industry partners July 26. The coalition’s amicus brief argues that the permit’s vague language about what is considered “violating water quality standards” creates significant legal and regulatory uncertainties for construction industry permit holders. The group asked that the Court not modify the current procedures used for issuing construction general permits.

Why it matters:  Unclear permit provisions could lead to unpredictable regulatory enforcement, increased compliance costs, and potential project delays. This is especially problematic for transportation infrastructure projects involving storm water discharges, where clear and specific guidelines are crucial for effective planning and execution.

What’s next: The Supreme Court will hear oral arguments in the case this fall and is expected to issue a ruling next year. ARTBA will closely monitor developments in the case and keep members informed. Contact Prianka Sharma for more information.