State Appeals Court Finds Requirements In Stormwater Permit Are Federal Mandates

摘要

Four requirements of Los Angeles County's municipal stormwater permit constitute federal mandates and are therefore not subject to state reimbursement, a California appeals court ruled (State Dep't of Fin. v. Comm'n on State Mandates, 2013 BL 288126, Cal. Ct. App., No. B237153, 10/16/13). The Court of Appeal of the State of California, Second Appellate District, Division One, in an Oct. 16 opinion affirmed the trial court's ruling. The lower court held that although the Commission on State Mandates did not consider the Clean Water Act requirement to reduce pollution discharges to the maximum extent practicable (MEP) for stormwater control, the permit implements this MEP standard, and the four requirements are thus federal mandates.