Waterkeepers Chesapeake: Maryland stormwater permits upheld, rejecting complaints they’re not tough enough

In a unanimous 100-page opinion, the Court of Appeals on Friday dismissed complaints by several environmental groups that stormwater pollution discharge permits issued by the state were not sufficiently stringent and had been drafted without adequate public input.

The groups — including Waterkeepers Chesapeake and the Chesapeake Bay Foundation — had gone to court to challenge stormwater permits given by the Maryland Department of the Environment to Baltimore city and Anne Arundel, Baltimore, Prince George’s and Montgomery counties. 

A Montgomery County Circuit Court judge had sided with the challengers, ordering the state to revise its permit for that county. But judges in the other jurisdictions had deferred to the state agency.

The environmental groups still have one appeal pending over their complaint that Baltimore city, in particular, was not required to do enough to root out illicit discharges into its storm sewers. Betsy Nicholas, executive director of Waterkeepers Chesapeake, said the groups would decide whether to pursue that case in light of the appeals court’s ruling on the others.

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(Published in Bay Journal, March 11, 2016)