Storm Water Permit Survives Environmental Challenge
In a decision praised by builders, the Seventh Circuit has rejected an environmental challenge to the EPA's Construction General Permit for storm water discharge.
The Construction General Permit grants property owners and their construction contractors permission to discharge storm water runoff from construction sites. It requires general contractors to file a notice of intent to proceed under the general permit for storm water runoff before starting construction and to develop and implement a storm water pollution prevention plan prior to obtaining permit coverage.
"The permit is viewed by builders as the most efficient available option for complying with strict federal storm water requirements," according to a report applauding the Seventh Circuit's decision in the Nation's Building News, the weekly newspaper of the National Association of Home Builders(NAHB). The NAHB and the Associated General Contractors of America(AGC) filed amicus briefs in the case.
The Seventh Circuit rejected claims by the National Resources Defense Council that the Clean Water Act required notice and a public hearing on the pollution prevention plan for each permit and that the Endangered Species Act and other arguments and claims. The court's opinion is styled Texas Independent Producers and Royalty Owners Association v Environmental Protection Agency.