Environmental Law
Envt'l Law News Fall 2014, Vol. 23, No. 2
Content
- Status of Stormwater Regulation in California
- Scope of Materials, Including E-mails, in Administrative Records for Ceqa Cases
- Local Control of Oil and Gas Operations: Getting a Handle on Fracking and Cyclic Steaming Through Land Use Prohibitions, Moratoria, Discretionary Permits, and Citizen Initiatives
- The Temperature Rises: a Hot Summer in Greenhouse Gas Regulation
- California Modernizes Transportation Impacts Analysis under Ceqa: Senate Bill 743 (Steinberg, 2013)
- Environmental Law News Publications Committee
- Table of Contents
- California High Speed Rail: An Update for 2013-2014
- 2013-2014 Environmental Law Section Executive Committee
- Swing, Pendulum, Swing: California's Historic Drought and Unprecedented Responses
Status of Stormwater Regulation in California
By Melissa A. Thorme*
INTRODUCTION
Regulation of stormwater discharges in California is carried out under state law and the federal Clean Water Act, through joint Waste Discharge Requirements ("WDRs") and National Pollutant Discharge Elimination System ("NPDES") permits issued by the State under delegated authority from the United States Environmental Protection Agency ("EPA"). Reported case law on stormwater regulation is sparse since these discharges have been regulated for a shorter period of time than other point source discharges under the Clean Water Act. However, the absence of case law does not equate to an absence of either controversy or litigation. Indeed, within the last few years, one municipal stormwater case has gone to the United States Supreme Court twice. In addition, numerous citizen suits and enforcement actions have been brought against industrial and construction stormwater discharges. This article provides the regulatory history in general and particularly in California, and a prediction on future regulatory changes.