Legal Opinion

Maryland Department of Environment v. Anacostia Riverkeeper

Court of Appeals of Maryland

Decided March 11, 2016No. 42/15PublishedCited by 30 opinions

Sept. Term, 2015.

1Opinion of the CourtAdkins, J.

FACTS AND LEGAL PROCEEDINGS

Maryland Department of the Environment (“MDE”) issued municipal separate storm sewer system (“MS4”) discharge permits (“the Permits”) to Anne Arundel County, Baltimore City, Baltimore County, Montgomery County, and Prince George’s County (“the Counties”). Multiple organizations argue that the Permits do not comply with federal and state law, and they request that we remand for MDE to correct these legal errors. 1

Federal Framework: NPDES Permits and Municipal Stormwater Discharges

Under the Clean Water Act (“CWA”), the discharge of pollutants is illegal. 33 U.S.C. §…

2Cases cited32 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Ecological Rights Foundation v. Pacific Gas & Electric Co.Court of Appeals for the Ninth Circuit · 2013
  3. Board of Physician Quality Assurance v. BanksCourt of Appeals of Maryland · 1999
  4. Weyerhaeuser Company v. Douglas M. Costle, Administrator, Environmental Protection Agency, No. 76-1674Court of Appeals for the D.C. Circuit · 1978
  5. Port of Seattle v. Pollution Control Hearings BoardWashington Supreme Court · 2004

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3Cited by30 opinions

  1. Dept. of Env. v. Carroll Cnty. Frederick Cnty. v. Dept. of Env.Court of Appeals of Maryland · 2019
  2. Kor-Ko Ltd. v. Maryland Department of the EnvironmentCourt of Appeals of Maryland · 2017
  3. Dept. of Env. v. Assateague Coastal TrustCourt of Appeals of Maryland · 2023
  4. Md. Office of People's Counsel v. Md. Pub. Serv. Comm'nCourt of Appeals of Maryland · 2018
  5. Small MS4 Coalition v. Dept. of EnvironmentCourt of Appeals of Maryland · 2022

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