EPA's Multi-Sector General Permit For Industrial Stormwater Challenged In The Ninth Circuit — Plastics A Key Issue

Key Takeaways

• What happened? On July 1, 2021, the Center for Biological Diversity (the "Center") petitioned the Ninth Circuit to review EPA's issuance of the 2021 National Pollutant Discharge Elimination System ("NPDES") Multi-Sector General Permit ("MSGP") for stormwater discharges from industrial activities. The petition also challenges the supporting biological opinions issued by the National Marine Fisheries Service ("NMFS") and the U.S. Fish and Wildlife Service ("FWS"). According to the Center's press release, the challenge focuses on EPA's alleged failure to include permit requirements that address the release of plastics, particularly plastic pellets, in stormwater.