United States Supreme Court Cases & Opinions

U.S. Supreme Court

EPA v. California, 426 U.S. 200 (1976)

Environmental Protection Agency v. California ex rel.

State Water Resources Control Board

No. 74-1435

Argued January 13, 1976

Decided June 7, 1976

426 U.S. 200

Syllabus

While federal installations discharging water pollutants are obliged, under § 313 of the Federal Water Pollution Control Act Amendments of 1972 (Amendments), to comply to the same extent as nonfederal facilities with state "requirements respecting control and abatement of pollution," obtaining a permit from a State with a federally approved permit program is not among such requirements. Federal installations are subject to state regulation only when and to the extent that congressional authorization is clear and unambiguous, Hancock v. Train, ante p. 426 U. S. 167, and here the Amendments do not subject federal facilities to state permit requirements with the requisite degree of clarity. Pp. 426 U. S. 211-228.

511 F.2d 963, reversed.

WHITE, J., delivered the opinion of the Court in which BURGER, C.J., and BRENNAN, MARSHALL, BLACKMUN, POWELL, and STEVENS, JJ., joined. STEWART and REHNQUIST, JJ., filed a dissenting statement, post, p. 426 U. S. 228.

Page 426 U. S. 201