AGC takes action to ensure that your stormwater permit includes the information you need to protect your company from costly fines.

The U.S. Supreme Court will hear a case later this year on whether Clean Water Act (CWA) stormwater permits can include generic prohibitions that threaten the certainty that construction companies need to comply with environmental requirements. AGC recently submitted a friend of the court brief advocating for clarity to protect contractors from enforcement and costly fines due to vague language in their stormwater permits. 

Contractors routinely seek stormwater permits and rely on the legal protection that operating under a permit provides. Generic prohibitions that permittees “cannot cause or contribute to a violation of water quality standards” do not provide a clear compliance path and can expose the contactor to fines and legal action even when following their permit.

While the Supreme Court considers specifics of this case, AGC’s brief seeks to ensure that the Court’s decision ultimately preserves the successful permitting approaches used in the construction general permit (CGP) for stormwater. The CGP typically employs best management practices, good housekeeping practices, pollution prevention plans, inspections, and reporting.

Earlier this year, AGC filed a separate coalition amicus brief asking the Supreme Court to hear the case. The case is City and County of San Francisco v. U.S. Environmental Protection Agency, No. 23-752.

AGC’s involvement in this case was made possible thanks to your contributions to the Construction Advocacy Fund. Keep up with the latest AGC Judicial Advocacy News.  For additional information, please contact AGC’s Leah Pilconis or Melinda Tomaino.