Do you own or operate a facility in New York that discharges stormwater? If so, be aware that as of October 1, 2017, the New York State Department of Environmental Conservation (DEC) issued a new Multi-Sector General Permit (MSGP) scheme for Stormwater Discharges Associated with Industrial Activity (GP-0-17-004). This new MSGP will be in effect for the next 5 years. Requirements under the permit regulations include monitoring, recording, reporting, and compliance responsibilities for stormwater discharges from covered facilities.
The U.S. EPA easily rejected Governor Andrew Cuomo's loan request, refraining from calling it chutzpah of the highest order: the Governor tried to pass off bridge construction as an environmental project worthy of the federal Clean Water State Revolving Fund (CWSRF).
The Fifth Circuit Court of Appeals held that the Clean Water Act does not allow citizen suits to enforce the conditions of a § 404 Permit. See Atchafalaya Basinkeeper v. Chustz, No. 11-30471 (5th Cir. Apr. 25, 2012).
The Supreme Court of the United States has just unanimously ruled that administrative orders issued by the U.S. Environmental Protection Agency ("EPA") under section 319 of the Clean Water Act ("CWA") are "final agency actions" subject to judicial review under the Administrative Procedures Act ("APA"). Sackett v. United States EPA, 566 U.S. ____ (2012).