Yesterday, the Conservation Law Foundation and Charles River Watershed Association, plaintiffs in Conservation Law Foundation, Inc., et al v. United States Environmental Protection Agency, et al., voluntarily dismissed the lawsuit without prejudice. NAIOP Massachusetts filed a Motion to Intervene in the case.

The plaintiffs in that case sought to compel EPA to impose a new regulatory program that would have required owners of commercial, institutional, industrial and high density residential properties in the Charles River watershed with one acre or more of impervious area (parking lots, roofs, sidewalks) to apply for a stormwater discharge permit through the use of EPA’s rarely used “Residual Designation Authority” (RDA). NAIOP decided to intervene in the case given the significant impact this duplicative and burdensome regulatory program would have had on property owners in a watershed that includes 35 communities and covers 310 square miles.

“NAIOP has long supported the overall objective of improving water quality throughout the Charles River Watershed, but with compliance costs estimated to be in excess of $1 billion, the RDA approach is simply not the right tool,” said David Begelfer, CEO of NAIOP Massachusetts. “We are pleased the plaintiffs dropped the suit. Such important policy decisions should not be negotiated behind closed doors. NAIOP urges EPA to carefully think through this issue, seek feedback from affected stakeholders, and ensure any potential programs are cost-effective, feasible and fairly allocate the regulatory burdens and costs.”

NAIOP will continue to monitor this issue closely and keep members informed of any new developments.