Claims Related to Stormwater Discharge

Abstract

This publication explores transportation agencies’ legal liability for contaminated stormwater discharge, even if they obtained and complied with a National Pollutant Discharge Elimination System (NPDES) permit. The report discusses the function and parameters of an NPDES permit and its relationship to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly known as the “Superfund.” The report provides an analysis of the decisions in United States v. Washington State Department of Transportation and Natural Resources Defense Council v. County of Los Angeles. Lastly, the digest examines the results of a survey that explored the impact of the court decisions and the nature of noncompliance claims asserted against state transportation agencies with current NPDES permits.