Tag Archives: MS4

Maryland Court of Appeals Limits Bases for Challenging CWA Permits under the Chesapeake Bay TMDL

A recent state appellate court decision sharply limited the bases on which Clean Water Act permittees may challenge permitting requirements imposed to comply with a federal Chesapeake Bay “Total Maximum Daily Load” (“TMDL”), often described as a watershed-wide “pollution diet.” The decision directly impacts municipalities with separate stormwater sewer (“MS4”) permits, as well as certain … Continue Reading

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 the use of general permits under the Clean Water Act in Natural Resources Defense Council v. New York State Dept. of Environmental Conservation, Nos. 2012-02913 … Continue Reading

Stormwater’s Day in the Sun

For those following stormwater regulatory issues, 2013 is proving to be a very interesting year.  Last week, the U.S. Supreme Court upheld a regulation exempting stormwater flows from logging roads from permitting under the Clean Water Act.  This is the third federal court decision of the year to address the scope of federal authority to … Continue Reading

EPA Stormwater Regulations Continue to Drift

For well over a decade, the U.S. Environmental Protection Agency (EPA) has been in search of a regulatory approach to address post-construction stormwater discharges. In contrast to its regulations for stormwater discharges from construction sites,  this initiative targeted stormwater discharges after a project has been developed or redeveloped. EPA’s efforts to regulate post-construction stormwater discharges … Continue Reading
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