Editor’s note: The authors served as counsel for East Buffalo Township in Gallagher v. East Buffalo Township.
Stormwater is a significant contributor to water pollution across the United States. This is because stormwater is an inherently polluted substance, which invariably collects debris, pesticides and other contaminants from the ground before flowing into streams, rivers and lakes. Given its unique nature, stormwater runoff has presented a series of problems since the adoption of the federal Clean Water Act (CWA), 33 U.S.C. §1251-1387, in 1972.
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