• Mark Ryan

New NPDES Permit Enforcement Case

This is a good case to read for those wishing to learn a thing or two about NPDES permit enforcement. It addresses many of the thornier issues in interpreting and enforcing permits, especially for narrative water quality standards. The judge in this case does a very good job on the law, and he's a good writer.

Conserv. Law Foundation v. New Hampshire Fish & Game Dept., 2020 WL 5102830 (D.N.H. 2020) (on motion for summary judgment to enforce terms of NPDES permit at state-owned fish hatchery, held that 11th Amendment bars injunctive relief to clean up contaminated sediment on bottom of ponds resulting from prior discharges; sediment on bottom of ponds is not a point source; the facility’s outfalls are point sources; triable issues of fact preclude SJ for violations of narrative in-stream wqs where other sources of phosphorous on river may have contributed or caused the violations; defendant is strictly liable for pH violations; triable issues of fact exist on defense that cleaning water discharges have ceased, rendering plaintiff’s claims moot; triable issues of fact preclude SJ for alleged BMP violations)

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