Tag Archives: stormwater

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

Federal Court Rejects Citizen Suit to Force Stormwater Permitting Program

Last week, a federal district court in Rhode Island dismissed a citizen suit that sought to radically expand Clean Water Act stormwater permitting programs. In Conservation Law Found’n v. U.S. Environmental Protection Agency, Civil Action No. 15-165-ML, the plaintiff attempted to invoke a rarely used provision in the Clean Water to mandate that the U.S. … Continue Reading

Surprise – USEPA Misses Another Deadline for Issuing Draft Stormwater Regulations

If you have been following this issue closely, it will come as little surprise that USEPA has missed yet another deadline for issuing a draft rule regulating stormwater discharges from developed and redeveloped sites across the country. This proposed stormwater rule is another example of the increasingly criticized “sue and settle” practice employed by citizens … 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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