JUDICIAL DEVELOPMENTS

June 2009

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Vermont Court Finds State Agency Must Act under the Federal Clean Water Act to Regulate Stormwater Discharges
In re Stormwater NPDES Petition (Conservation Law Foundation Appeal)

The Vermont Agency of Natural Resources (ANR) has finally thrown in the towel after years of wrangling over its authority to regulate—or not regulate— stormwater discharges in state impaired waters. ANR reportedly will not appeal a decision by state Environmental Court affirming ANR’s responsibility to implement stormwater regulations in state waters that have been designated as “impaired” on the Clean Water Act. ANR’s decision not to appeal is a victory for the Conservation Law Fund (CLF), which began its crusade to enforce ANR’s responsibilities in 2003 and will result in protective measures for five “impaired” brooks in Chittenden County, Vermont that continually fail Vermont Water Quality Standards (VWQS).