Stormwater Regulation at the Crossroads: The Courts Weigh In Audio Download

    Stormwater Regulation at the Crossroads: The Courts Weigh In Audio Download

    Stormwater Regulation at the Crossroads: The Courts Weigh In Audio Download

    Program Overview: In January 2013, the U.S. Supreme Court and a federal court in Virginia issued significant decisions on stormwater regulation under the Clean Water Act (CWA). In Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., the Supreme Court unanimously overturned a judgment of the U.S. ...
    $59
    NON-MEMBERS
    $49
    MEMBERS
    $39
    SECTION MEMBERS
    *Additional discounts may apply at checkout

    Log In to view your rate

    Program Overview:
    In January 2013, the U.S. Supreme Court and a federal court in Virginia issued significant decisions on stormwater regulation under the Clean Water Act (CWA). In Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., the Supreme Court unanimously overturned a judgment of the U.S. Court of Appeals for the Ninth Circuit in holding that "the flow of water from an improved portion of a navigable waterway into an unimproved portion of the very same waterway does not qualify as a discharge of pollutants" under the CWA. The implications of this decision extend far beyond Los Angeles County's Municipal Separate Storm Sewer System (MS4) to engineered water management systems across the country, including MS4s, dams and flood control systems, ecosystem preservation projects, and irrigation and drinking water supply networks. In Virginia DOT, et al. v. EPA, the court found that stormwater flow on its own is not considered a "pollutant" under the CWA, and thus EPA's efforts to use flow as a surrogate for pollutants, such as sediment, in establishing TMDLs, and potentially in developing municipal stormwater permits, is now subject to legal challenge. During this program, water quality practitioners and experts will explore these decisions, examine the high court's keen interest in stormwater, consider the potential implications of Virginia DOT, et al. v. EPA if followed in other jurisdictions, and analyze the potential implications of both decisions on future stormwater regulation, enforcement, infrastructure, and resources.

    Product Details

    Sponsors

    Section of Environment, Energy, and Resources

    Product Code

    5350240AUD

    Publication Date

    2/1/2013 12:00:00 AM

    Related On-Demand CLE

    Related Events