U.S. Fights Cities' Bid To Require Retroactive Payment Of Stormwater Fees

摘要

The Justice Department (DOJ) is arguing that a 2011 Clean Water Act (CWA) amendment requiring federal facilities to pay local stormwater fees does not require payments retroactively, charging in the first test of the legislation that Congress only provided for a narrow waiver of sovereign immunity for assessing such fees prospectively and did not provide explicit language requiring payments retroactively. "Because the 2011 amendment does not expressly state it is retroactive, the Cities' claim fails," DOJ says in a brief filed March 23. Relevant documents are available on InsideEPA.com. Seepage 2 for details. (Doc ID: 2396575)