The Delaware Riverkeeper Network has sued EPA alleging that the agency failed to ensure that New Jersey has exercised its delegated authority to administer the state’s stormwater management program in compliance with the Clean Water Act. Del. Riverkeeper Network v. EPA, No. n/a (D.N.J. filed 7/27/11). According to the complaint, New Jersey’s municipalities have largely ignored state rules that require real estate developers to implement design features that control runoff, and EPA has failed to undertake its mandatory duty to investigate the state’s management of its stormwater program or to take actions necessary to improve the state’s management of the program.
The complaint alleges a “widespread failure” on the state’s part to properly manage municipal stormwater discharges that are polluting the Delaware River. It seeks a declaration that EPA has failed to undertake its mandatory duty and an order requiring EPA to investigate and take action that would bring the state’s stormwater program into compliance with the CWA.