Ninth Circuit hears oral argument in San Francisco’s post-LTCP permit appeal

The U.S. Court of Appeals for the Ninth Circuit in March heard oral argument in the San Francisco Public Utility Commission’s challenge to its first National Pollutant Discharge Elimination System (NPDES) permit issued after completion of its combined sewer overflow (CSO) long term control plan (LTCP).

According to the National Association of Clean Water Agencies (NACWA), two critical issues members and other clean water utilities are before the court: (1) can permit writers require a city to revisit its LTCP absent data showing that there is a water quality need to do so; and (2) is a generic statement that discharges cannot “cause or contribute” to the violation of water quality standards appropriate in NPDES permits?