Storm Water

News & Analysis as of

Court Of Appeals Upholds General Permit Procedures For Storm Water Discharge

The New York State Court of Appeals, in Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation , recently rejected a challenge to the general permit procedures adopted by New York...more

Stormwater Alert: Maryland Fee Program No Longer Mandatory

In April 2015, the Maryland General Assembly enacted a law – known as SB 863 – that substantially amended legislation enacted in 2012 requiring each of the 10 most populous jurisdictions in Maryland to establish an annual...more

The Stormwater Mess Continues in Massachusetts: CLF and CRWA Sue EPA

In February, we noted that the Conservation Law Foundation and the Charles River Watershed Association had threatened to sue EPA for failing to require that “commercial, industrial, institutional, and high density residential...more

Maryland Tax Amnesty and Other Highlights from the 2015 Maryland Legislative Session

Last week, the Maryland General Assembly wrapped up its 2015 legislative session. From a tax perspective, it was a relatively quiet term. Nevertheless, a few bills were enacted that taxpayers should be aware of....more

Storm Water Update

We recently informed our clients that there has been an apparent uptick in recent months of citizens suits against storm water permittees for alleged storm water violations under the Clean Water Act. According to a recent...more

CEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption...

CREED-21 v. City of San Diego (2/18/2015, 4th Civil No. D064186) - The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage...more

MassDEP — A Voice of Reason in the Stormwater Permitting Debate

EPA has been working to craft a general permit for small Municipal Separate Storm Sewer Systems for quite some time. The most recent draft permit, published last September, has received significant comment, most recently...more

Beware of Citizen Suits for Storm Water Violations

In recent months several private organizations have sent letters to California businesses informing them that they are in violation of their storm water permits and threatening to sue them under the citizen suit provision of...more

Clean Water Environmental Issues for 2015

There are a handful of legal and regulatory issues on the horizon in 2015 that are worth watching. Some of these issues, like the U.S. Environmental Protection Agency’s (EPA’s) Cooling Water Rule and the U.S. Army Corps of...more

Legislative Water Update

Conversations Among Federal Lawmakers May Lead to New Water Legislation - A number of conversations are occurring in the U.S. House of Representatives, and between the House and the U.S. Senate (particularly Rep. David...more

Womble Client Wins Stormwater Case in Charlottesville

Another victory in Central Virginia for Womble Carlyle. Last week, Albemarle County Circuit Court Judge Cheryl Higgins ruled in favor of the Shops at Stonefield (also known as Albemarle Place), finding the stormwater...more

Bats, Water, Soil, and Bridges- an Engineer’s dream

Want to know how bats may effect your engineering plans? Want to hear about cool new bridges? Read on. Over the past month, I’ve had the pleasure of attending two events hosted by the North Carolina Chapter of the...more

Q&A: Land Remediation - What You Need to Know

Whether it’s for condos, office buildings or industrial properties, raw land is becoming more and more scarce in Miami. That means land remediation is becoming a bigger issue. It also means developers have to face new...more

How to Speak Storm Water in 2015: Terminology from the New Industrial General Storm Water Permit

As my colleague Missy Foster recently reported, the deadline for compliance with California’s new Industrial Storm Water permit (2014 Permit) is fast approaching. There is a lot to learn about the 2014 Permit before it takes...more

California Federal Court Dismisses CERCLA Claims and Strikes Request for Attorneys’ Fees

In N. Cal. River Watch v. Fluor Corp., __F.Supp.3d__, 2014 WL 4954638 (N.D. Cal. Oct. 2, 2014), a Northern California district court dismissed Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”)...more

D.C. Department of Environment Proposes Higher Stormwater Management Fees - Proposed Increases Are Based on Outdated Data and May...

The District Department of the Environment (DDOE) recently announced proposed increases to its fees established under the new Stormwater Management, Soil Erosion, and Sediment Control Regulations (Stormwater Rules). The...more

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Army Corps Drops Regional Permit - The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual...more

Illinois Court: Municipal Zoning and Stormwater Laws Apply to School District's Construction Project

Much of land use law involves questions over the breadth of local government powers. Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....more

Editorial: Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise

Many areas of Florida are experiencing increased tidal flooding due to sea-level rise (SLR). Florida has experienced eight to nine inches of SLR over the past 100 years. The roughly four and one-half inches of rise in the...more

Stormwater Management Services That Provide a Water Supply Source May Be Funded With Water Service

New Legislation Defines Water for Purposes of Proposition 218 to Include Water from Any Source - Bill 2403 amends the definition of “water” contained in the Proposition 218 Omnibus Implementation Act to “include...more

City of San Diego's Settlement Over Alleged MS4 Permit Violations Results in Crackdown on Out-Of-Compliance Projects

On August 13, 2014, the San Diego Regional Water Quality Control Board approved a two-part settlement with the City of San Diego for violations of the City's Municipal Separate Storm Sewer System ("MS4") permits. Most of the...more

Riders on the Storm Beware

Every summer, warm weather prompts millions to flock to bodies of water. While sunbathers likely give little thought to the source of water in which they frolic, design professionals and builders of public and private...more

Will South Florida Soon be Under Water?

In South Florida, commercial real estate developers are increasingly planning projects with sea level rise in mind. Mitigating the current and future effects of rising seas is fast becoming a priority. But it's important that...more

It's Official: State Water Board Adopts The New Industrial Storm Water Permit

Tweaking it right up to the very end, the State Water Resources Control Board finally adopted the new Industrial General Storm Water Permit on April 1, 2014. It has been a long road since the current permit was to have...more

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