From The Summit 

Tips, Tricks and Expertise from the Summit Team.

January 6, 2015
EPA sued to increase stormwater oversight

Article link to Bloomberg: http://www.bna.com/advocates-sue-epa-n17179921274/

“In a lawsuit filed late Dec. 18, the Natural Resources Defense Council and the Environmental Defense Center allege the EPA ignored a 2003 Ninth Circuit ruling that required the agency to strengthen its 1999 regulations to govern stormwater runoff from cities and suburbs with a population of less than 100,000.”

If you’ve been around stormwater for a while you know that lawsuits by environmental groups have been a major factor in driving past regulatory changes. My goal here is not to argue for or against the practice of suing the EPA, but to simply point out that it has been effective in creating new regulations and causing the agency to react to the priorities named in the suits.

The core argument of the lawsuit seems to be that the EPA allowed cities and counties (MS4s: Municipal Separate Stormwater Systems) to decide how to regulate stormwater. The environmental groups bringing suit want the EPA to regulate which specific types of pollution controls MS4s, and the suit is essentially asking the court to force the EPA to act on existing regulation.

So is this likely to create new regulations? Probably not at the federal level, but you can anticipate more “trickle down” pressure on permitted states, who in turn will pressure MS4s. The end result is very likely to be more review of MS4 programs, and eventually could trigger more demanding pollution controls and greater local enforcement.  Stay tuned. This could have long reaching impact…

Related Posts

The Top 5 Stormwater Compliance Violations (and How to Avoid Them)

As discussed in previous blogs, stormwater compliance involves many moving parts, andviolations can happen—sometimes unintentionally. In this blog, we highlight the top fivestormwater compliance issues we most frequently encounter on projects across Colorado. 1. Lack...

Why Stormwater Compliance Matters for Construction Projects

  Erosion Control Blanket installed on a slope. In last week’s blog, “What is Stormwater Compliance?”, we explained the basics of what stormwater compliance is and the necessary agencies involved. For contractors, developers, and project managers, understanding...

What is Stormwater Compliance?

What is Stormwater Compliance? During a rainfall event (i.e. rain, snow, sleet, etc.), stormwater can flow across construction sites, industrial facilities, and urban areas, picking up sediment, debris, and various pollutants along the way. Without effective...

Subscribe to the Summit Blog

Email List

Recent Blogs

Tag Cloud