No. 19-592

County Commissioners of Carroll County, Maryland v. Maryland Department of the Environment

Lower Court: Maryland
Docketed: 2019-11-06
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: clean-water-act municipal-separate-storm-sewer-system nonpoint-source nonpoint-source-runoff npdes npdes-permit permitting point-source-discharge stormwater stormwater-discharge third-party-discharges
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (from Petition)

1. Can responsibility for nonpoint source runoff and third parties' stormwater discharges be imposed upon a local government under the Clean Water Act through an NPDES permit for discharges from its municipal separate storm sewer system?

2. Is a Clean Water Act permitting decision to classify a "Small" municipal separate storm sewer system as "Medium" and subject it to the Clean Water Act's heightened requirements for such systems without complying with the applicable designation process prescribed by 40 C.F.R. § 122.26(a) subject to judicial review?

Question Presented (AI Summary)

Can responsibility for nonpoint source runoff and third parties' stormwater discharges be imposed upon a local government under the Clean Water Act through an NPDES permit for discharges from its municipal separate storm sewer system?

Docket Entries

2020-03-02
Petition DENIED.
2020-02-12
DISTRIBUTED for Conference of 2/28/2020.
2020-01-23
Brief of respondent Maryland Department of the Environment in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2019-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 23, 2020.
2019-12-04
Motion to extend the time to file a response from December 26, 2019 to January 23, 2020, submitted to The Clerk.
Main Document
2019-11-26
Response Requested. (Due December 26, 2019)
2019-11-25
Brief amici curiae of The National Association of Clean Water Agencies, et al. filed.
Main DocumentCertificate of Word CountProof of Service
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-12
Waiver of right of respondent Maryland Department of the Environment to respond filed.
Main Document
2019-11-04
Blanket Consent filed by Petitioner, County Commissioners of Carroll County, Maryland.
Blanket Consent
2019-11-04
Petition for a writ of certiorari filed. (Response due December 6, 2019)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

County Commissioners of Carroll County, Maryland
Christopher Donald Pomeroy — AquaLaw PLC, Petitioner
Maryland Department of the Environment
Adam D. Snyder — Office of the Attorney General of Maryland, Respondent
The National Association of Clean Water Agencies, et al.
Aaron Mark Herzig — Taft Stettinius & Hollister LLP, Amicus