Flood Of Decisions Washes Away EPA Permits On Stormwater

Law360, New York (February 20, 2014, 5:34 PM EST) -- It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System ("NPDES") as part of the 1972 Clean Water Act. Yet, confusion remains and disputes continue about which activities and discharges actually require permits. These issues are not focused on process or sanitary wastewater discharges, which have long been subject to permitting requirements. That is not to say that disputes about those programs do not exist, but the disputes typically concern how, not whether, to control these discharges.

Instead, the current...
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