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ARTICLE · 02 MAY 2025

Washington's Draft 2026 Construction Stormwater General Permit Out For Public Comment

Beveridge & Diamond, P.C.
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The Washington State Department of Ecology (Ecology) published for public comment its proposed 2026 Construction Stormwater General Permit (CSWGP)...

United StatesEnergy and Natural Resources
Andrew C. Silton
Andrew C. Silton
Erika H. Spanton
Erika H. Spanton
Alexis Mulkey
Alexis Mulkey
Katherine O'Keefe
Katherine O'Keefe

Key Takeaways

  • What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2026 Construction Stormwater General Permit (CSWGP), which authorizes stormwater discharges from construction activities taking place in the State of Washington, as well as a corresponding draft Fact Sheet and Small Business Economic Impact Analysis. This is Ecology's first attempt to implement City and County of San Francisco v. EPA, 145 S. Ct. 704 (2025), in which the Supreme Court held that NPDES permits may contain "end-result" provisions that subject permitholders to liability when receiving water conditions exceed receiving waters. B&D represented San Francisco in this major decision that will improve the clarity of NPDES permits across the country.

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