Storm Water

News & Analysis as of

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

Insurer Sues Municipalities Over Claims Stemming from Climate Change

Farmers Insurance has filed a series of class action lawsuits against several Chicago area municipalities for allegedly failing to address climate change in their storm water runoff plan. Farmers claims that this led to...more

What’s It All About?

There are many lessons that one could take from the outcome of the seven year (and counting) litigation involving environmental groups and the operators of the Los Angeles County stormwater system. Certainly one lesson is to...more

Negligent Operation Of A Storm Sewer: A New Theory Of Climate Change Liability

We have written many times about the flawed design of the nation's flood maps in an era of climate change. And spoken about the potential for claims against professionals for failure to consider the effects of climate change...more

Court of Appeal Finds Unusual Circumstances Exception Inapplicable

Citizens for Environmental Responsibility, Stop the Rodeo and Eric Zmost ("Appellants"), challenged the 14th District Agricultural Association’s (“Association”) approval of a Class 23 CEQA Exemption for a rodeo (“Project”)...more

Post-Construction Stormwater Controls

My last post focused on EPA’s effective denials of three petitions asking the Agency to require broad groups of industrial, commercial and institutional facilities to obtain stormwater permits. Those petitions argued that the...more

Enforcement of Municipal Stormwater Ordinances Is Tricky Business: Failure to Enforce an Ordinance Required Under a Permit Is Not...

Stormwater pollution has become an increasingly important problem. Part of the difficulty in solving it is that it’s not obvious who should be responsible. Should cash-strapped municipalities be on the hook or should it be...more

EPA’s Residual Permitting Authority

Continuing on the stormwater theme I began in my last post, the next topic I intend to cover is EPA’s so-called “residual” authority under the Clean Water Act. The statute specifically requires stormwater permits for...more

Federal Court Ruling Creates Effluent Limit Paradox - Violations may lead to suits, penalties under Clean Water Act

A federal judge in West Virginia ruled on March 31, 2014 that holders of water discharge permits, known as NPDES permits, must comply with water quality standards for parameters that the permit only requires to be monitored. ...more

California Adopts New General Industrial Storm Water Permit

On April 1, 2014, after 12 years of drafts, public comments and deliberations, the California State Water Resources Control Board (“State Board”) adopted a new General Industrial Storm Water Permit (“General Permit”), which...more

California Water Board Finalizes New Water Quality Requirements for Industrial Facility Storm Water Discharges

For the first time in 17 years, industrial facilities in California must contend with a new set of legal requirements controlling storm water. On April 1, 2014, the California State Water Resources Control Board (State...more

Regulating Stormwater – The Never Ending Saga

As you could probably tell from the number of posts I’ve written on the subject, stormwater fascinates me. Not that I particularly like rain or snow (particularly after this winter!). But, as an environmental concern and...more

Anticipating Washington State’s New Industrial Stormwater General Permit

The Washington Department of Ecology is in the process of renewing the current Industrial Stormwater General Permit (ISGP), which is set to expire on January 1, 2015. Current permit holders will need to reapply for continued...more

2 and 1/2 Strikes and the NGOs May Be Out: EPA Refuses to Exercise Residual Designation Authority

Stormwater regulation is a thorny issue. There is widespread agreement that nutrient run-off can be a significant problem, but little agreement on what to do about it, since stormwater infrastructure is normally managed by...more

Flood Of Decisions Washes Away EPA Permits On Stormwater

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System ("NPDES") as part of the 1972 Clean Water Act. Yet, confusion remains and disputes continue about which activities and...more

State Water Board to Adopt Revised Industrial Storm Water Permit on April 1, 2014

The California State Water Resources Control Board (State Board) recently notified the public that it will consider for adoption the final draft of the general NPDES permit that regulates storm water discharges associated...more

Breaking: California's General Industrial Storm Water Permit Slated For Adoption on April 1, 2014

Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents. This is the fourth (and likely final) version of the Draft Industrial...more

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels...more

The District of Columbia's Implementation of Stormwater Management Regulations Enters Second Transition Phase

During the second transition period for the implementation of the District's new Stormwater Management Regulations, certain regulated projects may qualify for exemptions from certain stormwater retention requirements....more

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