Dep’t of Env’t v. Anacostia Riverkeeper

At issue in this case were municipal separate storm sewer system discharge permits the Maryland Department of the Environment (MDE) most recently issued to several counties and one city (collectively, the Counties). Multiple organizations challenged the permits in several respects, including (1) the requirement to restore impervious surface area, (2) the requirement to submit plans for total maximum daily loads (TMDLs), (3) the monitoring requirements, and (4) the public’s ability to participate in the development of the permits. The Supreme Court upheld the MDE’s decision to issue the permits on all grounds, holding (1) the MDE’s decision to include a twenty percent restoration requirement in the permits was supported by substantial evidence and was not arbitrary and capricious; (2) the MDE’s requirement that the Counties submit plans for all Environmental Protection Agency-approved TMDLs one year after the issuance of the permits complied with 40 C.F.R. 122.44(d)(1)(vii)(B); (3) the MDE’s monitoring scheme is sufficient to comply with the applicable federal regulations; and (4) the permits satisfy public participation requirements. View "Dep’t of Env’t v. Anacostia Riverkeeper" on Justia Law