Court Upholds Construction General Permit

In a June 13, 2005, decision, the U.S. Court of Appeals’ Seventh Circuit upheld the U.S. Environmental Protection Agency’s Construction General Permit (CGP). This permit streamlines the permitting process, allowing property owners and contractors to discharge stormwater runoff from their sites without obtaining individual permits or undergoing public hearings. The Natural Resources Defense Council (NRDC) fought against the CGP, claiming it violates portions of the Endangered Species and Clean Water Acts. The National Association of Home Builders, the Associated General Contractors of America (AGC), and the Wisconsin Builders’ Association are celebrating the decision: in the words of AGC CEO Stephen Sandherr, “the industry would have ground to a halt” if individual hearings were required for each construction project. Nancy Stoner, director of the NRDC’s Clean Water Project, warns that, because the CGP was upheld, “we’ll continue to see degradation as a result of construction and development that’s not consistent with the Clean Water Act.”