A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling in favor of San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains.
By a 5-4 vote, the court’s conservative majority ruled that the Environmental Protection Agency overstepped its authority under the Clean Water Act with water pollution permits that contain vague requirements for maintaining water quality.
The decision is the latest in which conservative justices have reined in pollution control efforts.
Justice Samuel Alito wrote for the court that the EPA can’t make cities and counties responsible for maintaining the quality of water — in this case, the Pacific Ocean — into which wastewater is discharged.
One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent.
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The case produced an unusual alliance of liberal San Francisco, energy companies, and business groups.