NAFSMA Files Writ of Certiorari in LA County Stormwater Case - March 13, 2014

NAFSMA Files Writ of Certiorari in LA County Stormwater Case

NAFSMA has filed an amicus curiae brief in support of Los Angeles County’s and the Los Angeles County Flood Control District’s petition for certiorari in their long-running dispute over whether individual MS4s can be held liable for TMDL exceedances measured in the receiving waters of the District’s MS4 system. As discussed in NAFSMA’s brief, the Ninth Circuit’s decision poses significant problems to system-wide MS4 permitting by finding that any co-permittee can be held liable for TMDL exceedances downstream from the system without proof that the co- permittee’s discharges caused or contributed to the exceedance.