Navigating Litigation Floodwaters: Legal Considerations for Funding Municipal Stormwater Programs

Published by the National Association of Clean Water Agencies (NACWA), Navigating Litigation Floodwaters provides an overview of legal issues associated with user-fee funded municipal separate storm sewer systems (MS4s) stormwater programs, as well as a summary of selected legal decisions and pending cases. The report represents how different courts across the nation have addressed  the issue of stormwater management, the types of legal analyses that have been used when evaluating MS4 fee programs and the kinds of factors that have been relevant in the courts’ deliberations.

The report provides a list and description of stormwater program and fee cases grouped in categories based on whether the decision was positive (as in the court upheld the utility’s program), negative, or still pending before the court (as of 2014). More detail is provided on certain cases deemed to be of greater legal significance, particularly those that include analyses of factors likely to be relevant in other matters, such as the factors for determining whether a stormwater fee constitutes a tax.




Publication Date: 2014

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  • Legal Analysis


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