A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling for 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 EPA can set specific limits that tell cities and counties what can be discharged. But the agency lacks the authority “to include ‘end-result’ provisions,” Alito wrote, that make cities and counties responsible for maintaining the quality of the water, the Pacific Ocean in this case, into which wastewater is discharged.
“When a permit contains such requirements, a permittee that punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards,” he wrote.
One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent. Limits on discharges sometimes still don’t insure water quality standards are met, Barrett wrote.
“The concern that the technology-based effluent limitations may fall short is on display in this case,” Barrett wrote, adding that “discharges from components of San Francisco’s sewer system have allegedly led to serious breaches of the water quality standards, such as ‘discoloration, scum, and floating material, including toilet paper, in Mission Creek.’”
The case produced an unusual alliance of the liberal northern California city, energy companies and business groups.
The EPA has issued thousands of the permits, known as narrative permits, over several decades, former acting general counsel Kevin Minoli said.
The narrative permits have operated almost as a backstop in case permits that quantify what can be discharged still result in unacceptable water quality, Minoli said.
With the new restrictions imposed by the court, “the question is what comes in place of those limits,” Minoli said.
Alito downplayed the impact of the decision, writing that the agency has “the tools needed” to insure water quality standards are met.
In a federal courtroom Monday afternoon, a significant legal battle unfolded as The Associated Press (AP) pressed its case against three staff members of President Donald Trump's administration. The news agency is seeking to reverse the Trump administration’s decision to bar AP journalists from attending presidential events, including access to the Oval Office, Air Force One, and other areas traditionally part of the White House press pool.
The crux of the dispute lies in the AP's refusal to adopt President Trump's renaming of the Gulf of Mexico to the "Gulf of America." The AP insists on using the traditional "Gulf of Mexico" terminology, explaining that its audience is global and that the body of water extends beyond U.S. territory. Nonetheless, the news agency has acknowledged Trump's renaming, emphasizing its stance as a matter of journalistic integrity and global relevance.
At the heart of the AP’s argument is a violation of the First Amendment of the U.S. Constitution, which safeguards freedom of speech. The White House, on the other hand, contends that access to the president is a privilege, not a right. Trump himself told reporters just last week, "We're going to keep them out until such time as they agree that it's the Gulf of America."
AP’s legal team claims that the ban, which appears to have originated directly from President Trump, is an infringement on their First Amendment rights. Gabe Rottman, a senior attorney for the Reporters Committee for Freedom of the Press, who submitted a friend-of-the-court brief in support of the AP, described the situation as "viewpoint discrimination." He further emphasized that this type of discrimination is particularly prohibited under the First Amendment, calling it “poison to a free society."
Judge McFadden, who presided over the hearing, expressed significant concern, raising several questions that pointed to the fact that the ban could indeed be seen as an infringement on freedom of speech, making the case a landmark one for press freedom.
Hundreds of thousands of federal workers have been given little more than 48 hours to explain what they accomplished over the last week, sparking confusion across key agencies as billionaire Elon Musk expands his crusade to slash the size of federal government.
Musk, who serves as President Donald Trump’s cost-cutting chief, telegraphed the extraordinary request on his social media network on Saturday.
“Consistent with President @realDonaldTrump’s instructions, all federal employees will shortly receive an email requesting to understand what they got done last week,” Musk posted on X, which he owns. “Failure to respond will be taken as a resignation.”
Shortly afterward, federal employees — including some judges, court staff and federal prison officials — received a three-line email with this instruction: “Please reply to this email with approx. 5 bullets of what you accomplished last week and cc your manager.”
The deadline to reply was listed as Monday at 11:59 p.m., although the email did not include Musk’s social media threat about those who fail to respond.
The latest unusual directive from Musk’s team injects a new sense of chaos across beleaguered multiple agencies, including the National Weather Service, the State Department and the federal court system, as senior officials worked to verify the message’s authenticity Saturday night and in some cases, instructed their employees not to respond.
Thousands of government employees have already been forced out of the federal workforce — either by being fired or offered a buyout — during the first month of Trump’s administration as the White House and Musk’s so-called Department of Government Efficiency fire both new and career workers, tell agency leaders to plan for “large-scale reductions in force” and freeze trillions of dollars in federal grant funds.
There is no official figure available for the total firings or layoffs so far, but The Associated Press has tallied hundreds of thousands of workers who are being affected. Many work outside of Washington. The cuts include thousands at the Departments of Veterans Affairs, Defense, Health and Human Services, the Internal Revenue Service and the National Parks Service, among others.
Labor union leaders quickly condemned the ultimatum and threatened legal action.
AFGE President Everett Kelley called the new order an example of Trump and Musk’s “utter disdain for federal employees and the critical services they provide to the American people.”
“It is cruel and disrespectful to hundreds of thousands of veterans who are wearing their second uniform in the civil service to be forced to justify their job duties to this out-of-touch, privileged, unelected billionaire who has never performed one single hour of honest public service in his life,” Kelley said. “AFGE will challenge any unlawful terminations of our members and federal employees across the country.”
Musk on Friday celebrated his new role at a gathering of conservatives by waving a giant chainsaw in the air. He called it “the chainsaw for bureaucracy” and said, “Waste is pretty much everywhere” in the federal government.
McLaurine Pinover, a spokesperson at the Office of Personnel Management, confirmed Musk’s directive and said that individual agencies would “determine any next steps.”
What happens if an employee is on leave or vacation? Again, she said individual agencies would determine how to proceed.
In a message to employees on Saturday night, federal court officials instructed recipients not to respond.
“We understand that some judges and judiciary staff have received an email ... directing the recipient to reply with 5 accomplishments from the prior week. Please be advised that this email did not originate from the Judiciary or the Administrative Office and we suggest that no action be taken,” officials wrote.
Judges around the country got emails from Musk’s team in late January, apparently by mistake, U.S. District Judge Randolph Daniel Moss said earlier this month. Moss said he’d also gotten a message and ignored it.
The National Weather Service leadership acknowledged some confusion in a message to its employees late Saturday as well.
Elon Musk made a clear promise after Donald Trump decided to put him in charge of making the government more efficient.
“It’s not going to be some sort of backroom secret thing,” Musk said last year. “It will be as transparent as possible,” maybe even streamed live online. It hasn’t worked out that way so far.
In the three weeks since the Republican president has been back in the White House, Musk has rapidly burrowed deep into federal agencies while avoiding public scrutiny of his work. He has not answered questions from journalists or attended any hearings with lawmakers. Staff members for his so-called Department of Government Efficiency, or DOGE, have sidelined career officials around Washington.
It is a profound challenge not only to business-as-usual within the federal government, which Trump campaigned on disrupting, but to concepts of consensus and transparency that are foundational in a democratic system. Musk describes himself as “White House tech support,” and he has embedded himself in an unorthodox administration where there are no discernible limits on his influence.
Donald K. Sherman, executive director of Citizens for Responsibility and Ethics in Washington, said Trump has allowed Musk to “exert unprecedented power and authority over government systems” with “maximal secrecy and little-to-no accountability.”
The White House insisted that DOGE is “extremely transparent” and shared examples of its work so far, such as canceling contracts and ending leases for underused buildings. House Republicans said the Trump administration also discovered that Social Security benefits were being paid to a dozen people listed as 150 years old.
“We’re going to find billions, hundreds of billions of dollars of fraud and abuse and, you know, the people elected me on that,” Trump said in a Fox News interview to be aired along with the Super Bowl on Sunday. He described Musk as “terrific” and said he would soon focus on the Department of Defense, the country’s largest government agency.
That is true, at least judging by Musk’s social media, where no thought appears to be suppressed. His X account is a flood of internet memes, attacks on critics and professions of loyalty to the president. He has made clear the grand scope of his ambitions, talking in existential terms about the need to reverse the federal deficit, cut government spending and roll back progressive programs.
“This administration has one chance for major reform that may never come again,” he posted on Saturday. “It’s now or never.”
Musk is used to doing things his own way. The world’s richest person, he became wealthy with the online payment service PayPal, then took over the electric car manufacturer Tesla and founded the rocket company SpaceX. More recently, he bought Twitter and rebranded it as X, cutting jobs and remaking its culture.