San Francisco v. EPA: Impact on Marine Carbon Dioxide Removal

On March 4, 2025, the Supreme Court ruled in City and County of San Francisco v. Environmental Protection Agency, deciding that the EPA cannot enforce permit provisions that hold permit holders responsible for the receiving water quality. This decision affects marine carbon dioxide removal (mCDR) activities that require permits under the Clean Water Act, potentially complicating the permitting process for these emerging technologies. The Court emphasized that EPA can impose effluent and narrative limitations but not end-result requirements, leading to uncertainty in existing permits and future applications. EPA may now refuse permits if it lacks sufficient information to develop tailored requirements, impacting mCDR projects significantly.