News & Analysis as of

Fees Storm Water

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Management Fees/Municipality: Federal Appellate Court Addresses Application to U.S. Corps of Engineers Properties

The Federal Circuit (“Court”) addressed an issue arising out of a municipality’s agreement to stormwater fees on federal property. See City of Wilmington v. United States, 68 F.4th 1365 (Fed. Cir. 2023). The question...more

Pillsbury - Gravel2Gavel Construction & Real...

Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax

On February 15, the U.S. Court of Appeals for the Fourth Circuit decided Norfolk Southern Railway Co. v. City of Roanoke, et al.; the Chesapeake Bay Foundation was an Intervenor-Defendant. ...more

Orrick, Herrington & Sutcliffe LLP

California Storm Water Bill Signed Into Law

California Senate Bill 231 (Hertzberg) (“SB 231”), signed into law by the Governor on October 6, 2017, is intended to provide local governments with increased flexibility when imposing or increasing property related fees and...more

Holland & Knight LLP

Stormwater Alert: Maryland Fee Program No Longer Mandatory

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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

Best Best & Krieger LLP

New California Law Establishes Additional Requirements for Conducting Elections Involving Stormwater and Flood Control Service...

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Public Agencies Must Adhere to New Steps By Next Summer - Public agencies that handle water, sewer, and solid waste services in California are required to comply with certain mailed notice and majority protest public...more

Holland & Knight LLP

District Department of the Environment Finalizes Rulemaking on Stormwater Management, and Soil Erosion and Sediment Control

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The District Department of the Environment (DDOE) finalized its rulemaking on Stormwater Management, and Soil Erosion and Sediment Control (Stormwater Rules) on July 19, 2013. The Stormwater Rules, which were issued in order...more

Pillsbury Winthrop Shaw Pittman LLP

Maryland to Impose New Stormwater Remediation Fee; Virginia Enacts Congestion Relief Fee

Lawmakers in Maryland and Virginia have approved the imposition of certain new fees on property owners in various jurisdictions. Maryland property owners in nine counties and one city face the imposition of a Stormwater...more

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