San Francisco: Drop the EPA Lawsuit and Defend the Clean Water Act

Surfrider San Francisco, along with a growing coalition of nearly 50 environmental and community organizations, is urging Mayor London Breed and the City of San Francisco to drop their lawsuit against the EPA. Instead, we are calling for the City to start making plans to meet their Clean Water Act permits, and reduce the amount of pollution that is released into the Pacific Ocean and the San Francisco Bay from combined sewer overflows. This case has far-reaching consequences: it threatens not only local water quality in the Bay and Pacific Ocean but also the integrity of the Clean Water Act—a cornerstone of U.S. environmental protection.

San Francisco's aging infrastructure, particularly its combined sewer system, frequently fails during heavy rains, releasing millions of gallons of untreated sewage into local waterways. Instead of addressing this urgent issue, the City is challenging the EPA’s water quality standards in court, a move that could weaken protections for communities across the nation.

The 9th Circuit court upheld the EPA’s final decision for the City’s NPDES permit issued under the Clean Water Act, but San Francisco has appealed this decision to the U.S. Supreme Court. California and 13 other states have filed amicus briefs in support of the EPA because of the far reaching and destructive implications this lawsuit could have for Clean Water Act protections.

If the Supreme Court rules in favor of San Francisco, it could undermine the Clean Water Act’s ability to address complex water pollution issues. This would strip away essential tools that prevent water quality violations, resulting in more pollution, greater public health risks, and costly long-term consequences. Continuing this legal battle not only jeopardizes the City’s environmental standing but also increases the likelihood of further harm to local water bodies and public health.

Given the current Supreme Court's recent record—especially after its decision in Sackett v. EPA—inviting the Court to weaken federal water protections is a big mistake. The Court has shown a pattern of limiting environmental regulations and siding with industry and polluters, at the cost of people and the environment.

But it’s not too late to change course. Mayor London Breed has the power to stop this case and prevent the Supreme Court from dismantling one of the most important environmental laws we have. We need your help now to protect the Clean Water Act and ensure the health of our waters, both locally and across the country.