Environmental Protection Agency v. California Ex Rel. State Water Resources Control Board

Background

On one side were the States of California and Washington and on the other the Environmental Protection Agency and federal installations. The States had developed EPA-approved state permit programs under the 1972 water pollution law and asked whether federal facilities discharging pollutants must get state NPDES permits instead of permits from the EPA. The dispute turned on how to read the law’s requirement that federal agencies “comply with ... requirements respecting control and abatement of pollution” and on the practical operation of the NPDES permit system.

Reasoning

The Court applied a constitutional rule that federal facilities are subject to state regulation only when Congress makes that intent clear. It found that the single provision directly addressing federal facilities (§313) does not explicitly require them to secure state permits and that other provisions, including citizen-suit and state-standards sections, do not supply the necessary clear statement. The Court also deferred to the EPA’s longstanding interpretation and regulations that EPA continues to issue permits to federal dischargers in states with approved programs. For these reasons the Court reversed the appeals court and held the statute does not clearly subject federal installations to state NPDES permit requirements.

Real world impact

The decision means federal agencies will normally obtain permits from the EPA rather than be compelled to seek state-issued NPDES permits unless Congress changes the law. States keep the power to set stricter pollution standards, and the EPA must incorporate state limits into permits it issues. Congress remains free to legislate a different rule.

Dissents or concurrances

Two Justices dissented, agreeing with the appeals court that federal installations should be required to secure state NPDES permits.