Rejecting the Trump administration’s novel 2019 interpretation that the Clean Water Act never requires permits for pollutant discharges to groundwater, the United States Supreme Court handed down, on April 23, its eagerly awaited decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. The 6-3 majority held that Section 301 of the Clean … Continue Reading
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
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
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 municipal sewer systems operated by Boston and Gloucester and the third involved a horse race track that the regulators determined was a concentrated animal feeding … Continue Reading
EPA's withdrawal of its proposed rule imposing numeric turbidity standard and ongoing monitoring obligations on large construction sites' stormwater discharges may signal a move from the use of numeric standards to regulate stormwater discharges.
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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).
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