State Water Board Imposes Moratorium On New Construction In Los Angeles Region
The State Water Resources Control Board (the “State Board”) has effectively imposed a moratorium on new construction within the Los Angeles region, in response to the Orange County Superior Court’s recent ruling in the Arcadia II litigation. The State Board last week published two memoranda interpreting a writ of mandate issued on July 2 in the Arcadia II case, which involves a challenge to the storm water quality standards set forth in the Basin Plan for the Los Angeles Region. According to the memoranda, the writ requires the State Board to stop processing enrollments under the statewide Construction General Storm Water Permit. This interpretation will halt virtually all new construction projects that have not already obtained storm water permit coverage. The State Board also has interpreted the writ as prohibiting any approvals or other actions to implement new TMDLs for receiving waters in the Los Angeles Region.
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