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Article: Municipal separate storm sewer systems: Is compliance with state water quality standards only a pipe dream?
- Article from:
- Environmental Law
- Article date:
- June 22, 2001
- Author:
CopyrightCOPYRIGHT 2001 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In 1987, Congress added section 402(p) to the Clean Water Act, which addresses point source storm water(1) pollution, including discharges from municipal separate storm sewer systems (MS4s). The MS4 program, regulations for which were promulgated by EPA in 1990 and 1999, is just beginning to show some progress in improving storm water quality. However, EPA's program has not required MS4s to meet measurable standards or goals, or ensured compliance with water quality standards. In 1999, the Ninth Circuit held, in Defenders of Wildlife v. Browner, that the Clean Water Act does not require MS4 permits to ensure compliance with state water quality standards. That holding, if ...