Court Dismisses Citizen Suit Against Township Over Stormwater, Says EPA Is Proper Forum

摘要

A federal district court Aug. 29 dismissed a complaint filed by a property owner against a Pennsylvania township over stormwater discharges, saying the property owner should instead petition the Environmental Protection Agency (Gallagher v. E. Buffalo Twp., M.D. Pa., No. 4:12-cv-00777, 8/29/13). The U.S. District Court for the Middle District of Pennsylvania said it could not require East Buffalo Township to obtain a permit for discharges "that are composed entirely of stormwater" because such discharges are exempt from Clean Water Act permitting requirements, subject to certain exceptions.