NAFSMA Joins Amicus in Support of New York State’s NPDES Stormwater General Permit Requirements

On January 7, NAFSMA joined an Amicus Brief with New York City, other state and local government agencies, and other non-governmental organizations in support of New York State’s NPDES stormwater general permit requirements. The final amended amicus brief was filed on January 7, 2015 in the New York State Court of Appeals in the matter  of the Natural Resources Defense Council, Inc., et al. against the New York State Department of Environmental Conservation.

The Amicus Brief supports New York's Department of Environmental Conservation general permit requirements as "reasonable and appropriate" implementation of the Environmental Protection Agency's program to limit stormwater discharges from MS4's.  Among other things, the brief urges the court "to affirm the Second Department's which recognizes the need for regulatory flexibility, within a framework of minimum stormwater controls, given the inherent complexity of managing stormwater runoff in diverse environments."

NAFSMA will continue to be an active participant on this issue as it progresses through the courts.