On April 2, 2015, a Maryland appellate court issued a significant decision in a case involving a stormwater permit issued for a municipal separate storm sewer system (“MS4”) that may have significance beyond the borders of Maryland. In Maryland Department of Environmental Protection v. Anacostia River Keeper, et. al., the court addressed the issue of […]
For many years, local governments have relied upon the statutory cap on damages under the Political Subdivision Tort Claims Act (“Tort Claims Act”) in order to provide essential government services and protect their taxpayers. Under the Tort Claims Act, damages arising from the same cause of action or transaction or occurrence are limited to $500,000 […]
Cybersecurity is becoming a more recognized word in today’s society. Therefore, it is not surprising that cyber-attacks on the nation’s infrastructure is a growing concern. An example of such concern would be the nation’s water supply and the protection of water utilities from cyber-attacks. The National Institute of Standards and Technology (NIST) is developing a […]
A recent case from West Virginia, October 23, 2013, raises questions about EPA’s regulation of stormwater from farms. This case involves a West Virginia poultry farmer. The issue in this case is whether a release of manure, dust and particles from the farming operations, which were ultimately carried by stormwater to a local stream, is […]
A number of entities are appealing the U.S. District Court for the Middle District of Pennsylvania’s September 13, 2013 ruling upholding EPA’s authority to develop the Chesapeake Bay TMDL, the largest TMDL ever established in the United States. The TMDL sets loading limits for phosphorus, nitrogen and sediment in the Chesapeake Bay and its tributaries […]
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