In re Blue Water Baltimore, Inc.

The Maryland Appellate Court upheld the Maryland Department of the Environment’s (DOE’s) issuance of municipal separate storm sewer system (MS4) permits to Baltimore City and Baltimore County. Among other things, the court rejected environmental advocacy groups’ contention that the permits were ineffective because they failed to include “climate change related conditions.” The court noted that DOE had concluded that adequate data regarding climate change effects did not exist at the time permits were issued and that DOE had said it would update its Stormwater Design Manual and practices to account for increased precipitation when more data was reported. The court found that the inclusion of reopener clauses in the permits to allow for modification based on such new data was a “flexible, iterative approach” that complied with the MS4 legal framework.