SMALL MS4 COALITION v. DEPT. OF ENV.

No. 25, Sept. Term, 2021.

276 A.3d 573 (2022)

479 Md. 1

MARYLAND SMALL MS4 COALITION, et al. v. MARYLAND DEPARTMENT OF THE ENVIRONMENT.

Court of Appeals of Maryland.

June 1, 2022.


Attorney(s) appearing for the Case

Argued by Christopher D. Pomeroy (Lisa M. Ochsenhirt, AquaLaw PLC, Richmond, VA; Patrick E. Thompson, County Atty., Queen Anne's County, Maryland, Stevensville, MD), on brief, for Petitioners

Argued by Matthew P. Clagett, Asst. Atty. Gen. (Brian E. Frosh, Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

Nathan Gardner-Andrews, Esquire, General Counsel, National Association of Clean Water Agencies, 1130 Connecticut Avenue, NW, Suite 1050, Washington, DC 20036, for Amicus Curiae National Association of Clean Water Agencies

Argued before: Getty, C.J., McDonald, Watts, Hotten, Booth, Biran, Sally D. Adkins (Senior Judge, Specially Assigned), JJ.


Per Curiam Opinion

The goal of the federal Clean Water Act is to make the nation's waters fishable and swimmable by eliminating pollutant discharges into those waters.1 To achieve that goal, the Act requires a permit for all effluent discharges into waters of the United States, including discharges into the Chesapeake Bay and its tributaries. Under the Act and the State water pollution control statute, Respondent Maryland Department of...

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