Md. high court upholds MDE’s stricter stormwater standards, cites precedent

The Maryland Department of the Environment may still impose upon counties stormwater pollution-prevention standards more stringent than those called for under the federal Clean Water Act, the state’s top court ruled Wednesday in rejecting Queen Anne’s County’s argument that the court should overturn its similar 2019 decision. Citing its earlier ruling as binding precedent, the Court of Appeals said MDE acted within its Clean Water Act authority when it issued a permit holding the county responsible for stormwater runoff to the Chesapeake Bay not only from the county’s Municipal Separate Storm Sewer Systems – known as MS4s – but from natural “nonpoint” sources such as parking lots and fields.