Environmental Law
Envt'l Law News Fall 2014, Vol. 23, No. 2
Content
- 2013-2014 Environmental Law Section Executive Committee
- California High Speed Rail: An Update for 2013-2014
- California Modernizes Transportation Impacts Analysis under Ceqa: Senate Bill 743 (Steinberg, 2013)
- Environmental Law News Publications Committee
- 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
- Scope of Materials, Including E-mails, in Administrative Records for Ceqa Cases
- Swing, Pendulum, Swing: California's Historic Drought and Unprecedented Responses
- Table of Contents
- The Temperature Rises: a Hot Summer in Greenhouse Gas Regulation
- Status of Stormwater Regulation in California
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.