January 14, 2003
Contact: Linda Krop, EDC (805) 963-1622; Vicki Clark (805) 963-0331

ENVIRONMENTAL DEFENSE CENTER WINS CASE CHALLENGING STORMWATER RUNOFF RULE

SAN FRANCISCO, CA - Today the U.S. Ninth Circuit Court of Appeals issued a published decision rejecting a rule adopted by the Environmental Protection Agency (EPA) in 1999 to control pollution from stormwater runoff. The rule was challenged by the Environmental Defense Center (EDC) and other environmental groups on the grounds that it allowed dischargers to self-regulate and avoid strict standards set forth in the Clean Water Act.

The Court of Appeals agreed with EDC and the environmental groups, saying that discharges from municipal storm sewer systems and from construction sites must not be permitted until public notice is provided of the proposed discharge. By providing notice, the public will have the opportunity to review and comment on the proposed discharge to make sure that it meets the Clean Water Act requirement that pollution be reduced "to the maximum extent practicable." The Court acknowledged the important role played by the public review and hearing process in enforcing federal clean water laws.

"The Court recognized the fallacy in EPA letting water dischargers determine for themselves whether they will meet federal clean water standards, instead of submitting to a complete agency and public review process," stated Vicki Clark, counsel for the environmental groups.

"This case is a tremendous vindication of the public's right to participate in matters affecting our water quality," stressed Linda Krop, Executive Director and Chief Counsel of the EDC. "The community is affected by stormwater runoff, and is entitled to respond to threats posed by pollution in our creeks and ocean. It is important to ensure enforcement of water pollution laws before the violations occur, rather than after, in order to prevent further degradation of our coast."

The Court ruling requires EPA to revise its 1999 rule to provide for public notice, comment, and hearings before stormwater permits are issued.

The Environmental Defense Center is a non-profit, public interest environmental law firm serving California's Central Coast. Since 1977, EDC has provided public education, organizing, advocacy, and legal services to community groups dedicated to environmental quality and health. For more information, please contact Linda Krop at (805) 963-1622 or visit EDC's website at www.edcnet.org.

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