Stormwater Permits Are Not One Size Fits All
By Michael A. Nesteroff
It’s rare for a stormwater lawsuit to result in a court decision since most settle in the early stages, but a ruling by U.S. District Court Judge John C. Coughenour in the Western District of Washington provides useful guidance for determining which of several stormwater permits issued by the Washington Department of Ecology may apply. In the case of Puget Soundkeeper Alliance v. Cruise Terminals of America, decided on November 20, 2015, the answer is more than one permit may be necessary depending on the type of stormwater discharge.
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