American Bar Association
Section of Environment, Energy, and Resources
Water Quality and Wetlands Committee
Cosponsored by: Water Resources Committee
Presents a Quick Teleconference program
The ABA is not seeking CLE credit for this program. You will not receive CLE credit for listening.
Stormwater Regulation at the Crossroads: The Courts Weigh In
Wednesday, February 6, 2013
12:00 p.m. – 1:30 p.m. Eastern Time / 11:00 a.m. – 12:30 p.m. Central Time
10:00 a.m. – 11:30 a.m. Mountain Time / 9:00 a.m. – 10:30 a.m. Pacific Time
This program date has passed. You may purchase the podcast right here.
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.
- Provide overview and analysis of court decisions;
- Discuss current and potential future implications of decisions; and
- Discuss potential impact on EPA’s national stormwater rulemaking.
Alexandra Dapolito Dunn, Chair, ABA Section of Environment, Energy, and Resources and Executive Director and General Counsel, Association of Clean Water Administrators, Washington, DC
David Burchmore, Partner, Squire Sanders (US) LLP, Cleveland, OH
Felicia Marcus, Board Member, California State Water Resources Control Board, Sacramento, CA
Richard Montevideo, Partner, Rutan & Tucker, LLP, Costa Mesa, CA
Christopher D. Pomeroy, President, AquaLaw, Richmond, VA
Do you have a question that you would like the panel to address? Please email your question to Alexandra Dapolito Dunn at email@example.com and the panel will make every effort to address your inquiry.
Registration is now closed. You may purchase the podcast right here.
LA County Flood Control Supreme Court opinion:
Fairfax County's MS4 permit info:
VDOT applied under the small MS4 General Permit -Virginia Stormwater Management Program (VSMP) - to cover its activities.
The VSMP general permit governs stormwater discharges from regulated small municipal separate storm sewer systems (MS4s) to surface waters of the Commonwealth of Virginia.
VDOT's VSMP Registration Statement. Permit coverage from July 1, 2008 to June 30, 2013
For more upcoming programs, please visit the Section Calendar.