JUDICIAL DEVELOPMENTS

October 2006

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Supreme Court of Vermont Remands Water Quality Discharge Case to the State Agency for Natural Resources after Finding that the Vermont Water Resources Board Did Not Have Primary Jurisdiction
In Re Stormwater NPDES Petition

The Vermont Water Resources Board (Board) found that existing stormwater discharges into five brooks violated Vermont Water Quality Standards. In response to a challenge from a group of business organizations filed with the Agency for Natural Resources (ANR), the matter was ultimately appealed to the Vermont Supreme Court. The Supreme Court of Vermont found that there were in fact violations but that the Vermont Water Resources Board had usurped the responsibilities of the Agency for Natural Resources and therefore the matter needed to be remanded to the ANR for further proceedings.