On Aug. 17, 2023, the U.S. Environmental Protection Agency (EPA) announced its final, revised National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024-2027, seven months after soliciting public comment
Continue Reading EPA Announces Its Final National Enforcement and Compliance InitiativesNew York State Issues Public Notice of Draft MS4 Permit for New York City
From Steven Russo of GT New York City and Robert Rosenthal of GT Albany.
The New York State Department of Environmental Conservation (“DEC”) has issued public notice of a draft State Pollutant Discharge Elimination System (“SPDES”) permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (“MS4s”) owned or operated by the City of New York (the “draft MS4 permit”). Under existing law, DEC regulates discharges from MS4s that are located within the boundaries of a Census Bureau defined “urbanized area” or “additionally designated areas.” DEC authorizes most MS4s to be covered under a SPDES General Permit; however, New York City MS4s are regulated through a separate general permit. The draft MS4 permit would consolidate the MS4 sections from 10 of the 14 existing SPDES Permits that govern each of the Waste Water Treatment Plants operated by the New York City Department of Environmental Protection.
Continue Reading New York State Issues Public Notice of Draft MS4 Permit for New York City
NY Appellate Court Issues Important Decision for Municipal Stormwater Regulation
By Steve Russo and Adam Silverman
Yesterday, the Appellate Division’s Second Department of the Supreme Court of New York issued an important decision relating to municipal stormwater control programs and…
Continue Reading NY Appellate Court Issues Important Decision for Municipal Stormwater Regulation
Stormwater in New England: When It Rains, It Pours
Last week was a busy week for federal stormwater regulators in New England, with the announcement that three separate stormwater-related enforcement cases had been settled. Two of these cases involved…
Continue Reading Stormwater in New England: When It Rains, It Pours
ALJ Order Upholds Florida’s Nutrient Rules
On June 7, a Florida ALJ upheld Florida DEP’s nutrient water quality rules.
…
Continue Reading ALJ Order Upholds Florida’s Nutrient Rules
EPA Issues 2012 Construction General Permit Without Numeric Turbidity Limit; Hosts Webinar to Introduce Permit Changes
EPA published its new Construction General Permit. It does not contain numerical turbidity limitations, but otherwise tends to follow the Construction and Development Rule. EPA plans a webinar for March 21.
…
Continue Reading EPA Issues 2012 Construction General Permit Without Numeric Turbidity Limit; Hosts Webinar to Introduce Permit Changes
Stormwater Citizens Suit Comes to an End: Lessons Learned?
An examination of the growing trend of stormwater citizens suits, in light of the recent decision in Conservation Law Foundation v. Patrick, C.A. No. 06-11295 (D. Mass. Apr. 14, 2011).
…
Continue Reading Stormwater Citizens Suit Comes to an End: Lessons Learned?