IN RE STORMWATER NPDES PETITION

No. 04-515.

910 A.2d 824 (2006)

2006 VT 91

In re STORMWATER NPDES PETITION.

Supreme Court of Vermont.

August 25, 2006.


Attorney(s) appearing for the Case

John F. Nicholls, Chair.

William H. Sorrell, Attorney General, and S. Mark Sciarrotta and Kevin O. Leske, Assistant Attorneys General, Montpelier, for Appellant.

R. Bradford Fawley, William J. Dodge, and Daniel P. Smith of Downs Rachlin Martin PLLC, Burlington, for Appellants/Intervenors.

Christopher M. Kilian, Conservation Law Foundation, and Mark E. Naud and Jamey Fidel, Vermont Natural Resources Council, Montpelier, for Appellees.

James W. Barlow, Montpelier, for Amicus Curiae Vermont League of Cities and Towns.

Bernard D. Lambek of Zalinger Cameron & Lambek, P.C., Montpelier, Richard S. Davis and Karen M. Hansen of Beveridge & Diamond, P.C. and Thomas Ward, National Association of Home Builders, Washington, D.C., for Amici Curiae National Association of Home Builders and Home Builders and Remodelers Association of Vermont.

Thomas F. Heilmann of Heilmann, Ekman & Associates, Burlington, for Amicus Curiae Vermont Association of Realtors.

James Murphy, Montpelier, and Patrick A. Parenteau and Julia LeMense Huff, Environmental and Natural Resources Law Clinic, South Royalton, for Amici Curiae Honorable Philip Henderson Hoff, Honorable George E. Little, Jr. and National Wildlife Federation.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


REIBER, C.J.

¶ 1. This appeal arises from a determination by the Vermont Water Resources Board that existing stormwater discharges into five brooks located within Chittenden County contribute to violations of Vermont Water Quality Standards, and therefore require federal discharge permits under the Clean Water Act, 33 U.S.C. §§ 1251-1387 (2000). Two separate appeals, one by a group of business organizations and the other by the Agency of Natural Resources...

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