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Hundreds urge supervisors to press mayor to drop San Francisco's lawsuit against EPA and protect the Clean Water Act
Summary
Scores of environmental advocates, scientists and residents urged the San Francisco Board of Supervisors on Sept. 24 to pressure the mayor to drop the city's lawsuit asking the U.S. Supreme Court to revisit EPA authority under the Clean Water Act, warning the appeal could weaken national water protections.
Dozens of San Franciscans packed the Board of Supervisors' chambers on Sept. 24 to urge the city to drop a pending lawsuit against the U.S. Environmental Protection Agency that could prompt Supreme Court review of Clean Water Act implementation.
The closed-session item before the board concerned existing litigation between the city and the EPA; ahead of the board's mid-meeting closed session, the board briefly opened the floor for public comment and heard more than 60 speakers representing environmental nonprofits, scientific organizations, surf and fishing communities, physicians and local residents.
Speakers repeatedly warned that the city's petition for Supreme Court review could become a vehicle for curtailing the EPA's authority nationwide. Many said San Francisco's name on the appeal would give the litigation greater credibility and potentially erode bedrock protections that make beaches and bay waters safe for recreation and marine life. Commenters described personal health incidents after swimming following sewage spills, cited data on combined sewage overflows, and noted the potential public-health and equity impacts of any weakening of federal water rules.
Noted groups and voices included the Sierra Club Bay Chapter; San Francisco Baykeeper; the Tuolumne River Trust; physicians and public-health advocates; surf and community access groups such as the Surfrider Foundation and Salted Roots; and representatives of climate advocacy organizations. Many asked the board to adopt a public resolution urging Mayor London Breed and City Attorney David Chiu to withdraw or negotiate settlement rather than pursue a Supreme Court appeal.
Among the themes raised: commenters said the Clean Water Act and NPDES permitting are essential backstops for state and local protections; that weakening the Act could allow increased discharges that threaten public health, fisheries and tourism; and that a conservative Supreme Court could issue sweeping curbs on federal environmental authority. Several speakers asked specifically for a board resolution calling on the mayor and city attorney to drop the suit and said the board should use its influence to defend the city's environmental reputation.
Board President Aaron Peskin closed public comment before convening the closed session to receive advice from the city attorney. The board later returned to open session and voted not to disclose the closed-session discussions.
Speakers who appeared and are named in the record include Arianna Harrison; Scott Webb (Sierra Club Bay Chapter); Jacob Klein (Sierra Club); Peter Drechmar (Tuolumne River Trust); Ben Eichenberg (San Francisco Baykeeper); and several medical and public-health professionals, as well as neighborhood residents and surf community members. The broad coalition of speakers asked the board to press the executive branch for a settlement or withdrawal of the appeal and warned of national consequences if the court curtails EPA authority.
The board then convened a closed session with the city attorney on the litigation.
This article summarizes public comment provided to the Board of Supervisors during the Sept. 24 session; it does not report deliberations from the closed session, which the board chose not to disclose.
