On February 25, Jones & Mayer Senior Associate Bruce Lindsay will join John Harris of Casso & Sparks, LLP at a webinar sponsored by the League of California Cities to discuss recent developments in the law of storm water permitting.
In a recent ruling, the Orange County Superior Court for the first time invalidated requirements in Municipal Separate Storm Sewer System (MS4) Permits imposed by the Regional Water Quality Control Board and the State Water Resources Control Board that went beyond the requirements of the Clean Water Act and US Environmental Protection Agency regulations.
The cases are City of Duarte v. State Water Resources Control Board (Case No. 30-2016-00833614-CU-WM-CJC) and City of Gardena v. Regional Water Quality Control Board, Los Angeles (Case No. 30-2016-00833722).
The Cities of Gardena and Duarte had brought the cases arguing that the requirements of their respective MS4 permits were improperly imposed under California law. In its ruling, the Superior Court found that the Boards had failed to consider factors set out in the California Water Code that might have limited the scope of requirements.
The Boards appealed the decision and an opinion from the Fourth District Court of Appeal is expected soon.
The Cal Cities webinar will include an overview of MS4 permitting requirements, review the impact of the opinion by the Court of Appeal, and discuss strategies agencies should consider in the future while negotiating or challenging renewed MS4 Permits.
Registration information for the event is available on the Cal Cities website, accessible by clicking here.
If you have questions about these recent decisions or wastewater permitting in general, please contact Bruce Lindsay by email at bal@jones-mayer.com or by calling (714) 446-1400. We look forward to serving you.