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The Ohio Supreme Court issued a ruling today upholding the Northeast Ohio Regional Sewer District’s (NEORSD) municipal stormwater management program and fee. In the 5-2 decision , the majority held that “the issues in this case are exceedingly straightforward: (1) is the Sewer District’s regional stormwater management program authorized by statute and by its charter and (2) is the attendant fee structure authorized by statute and by the charter. We answer both questions in the affirmative.”

NACWA joined with the Association of Ohio Metropolitan Wastewater Agencies (AOMWA) to file a brief   in the case supporting NEORSD. The Association applauds the court’s decision which not only affords legal recognition and protection for NEORSD’s stormwater management program but also provides positive precedent that will benefit utilities managing stormwater nationwide.

NACWA’s participation in this litigation is part of the Association’s aggressive advocacy to defend stormwater programs. Next month, NACWA will be releasing an updated version of Navigating Litigation Floodwaters: Legal Considerations for Funding Municipal Stormwater Programs , which will reflect the NEORSD legal victory. This resource can help members prepare for and defend against these types of challenges.