National Pollutant Discharge Elimination System Archives

Jan 25, 2017

Water Transfer Rule Upheld

In a split 2-1 decision, the 2nd Circuit Court of Appeals affirmed EPA’s 2008 “Water Transfer Rule” which exempted water management facilities from obtaining Clean Water Act National Pollutant Discharge Elimination System permits. The Water Transfer Rule was an outgrowth of the 2004 Supreme Court decision in South Florida Water Management District v. Miccosukee Tribe, and is important for flood control projects, water supply particularly in arid areas, dams and hydropower generation, and related activities involving the necessary movement of water. Several environmental organizations and governments challenged the rule in the District Court for the Southern District of New York… Read more

Jul 26, 2013

Environmental Groups Petition EPA to Regulate Runoff from Commercial and Institutional Sites

Ten environmental groups have petitioned the U.S. EPA to include commercial and institutional sites in the class of operations that require permitting under the National Pollutant Discharge Elimination System (“NPDES”). Currently, the Clean Water Act (“Act”) explicitly authorizes EPA to require NPDES permits for industrial and municipal discharges; however, there is no specific mention of commercial and institutional sites. The petitioners have alleged that, while not specifically mentioned in the Act, discharges from these operations could be regulated under the catch-all provision of the Act directing the EPA to require permits for any discharge the director determines “contributes to a… Read more

Jul 16, 2012

U.S. Supreme Court to Hear Scope of Clean Water Act Jurisdiction Case

In a break with longstanding EPA policy, the 9th Circuit has issued an opinion declaring that stormwater discharges from forest roads are regulated under the National Pollutant Discharge Elimination System (“NPDES”) permitting process. Historically, the Environmental Protection Agency (“EPA”) has considered runoff of rain from forest roads outside of the scope of NPDES permitting, and it has been left to individual states to control runoff by implementing best management practices (“BMPs”). If the Supreme Court upholds the 9th Circuit ruling, the EPA’s longstanding position that runoff from forest roads does not require permits will be invalidated, and forest roads will… Read more