Supreme Court of the United States

South Florida Water Management District v. Miccosukee Tribe of Indians

March 23, 2004541 U.S. 95

Summary

The Court held that a point source does not need to originate pollutants to require an NPDES permit, but vacated the judgment because factual disputes remain regarding whether the canal and reservoir are distinct water bodies. Justice Scalia concurred in part and dissented in part, arguing the Court should have affirmed without reaching other issues.

Holding

  • Whether a pump that transfers pollutants must itself generate them to be a point source discharge requiring a permit.. A point source need not be the original source of the pollutant.
  • Whether summary judgment was appropriate on the question of whether C-11 and WCA-3 are distinct water bodies.. Summary judgment was premature.

Docket 02-626

Cited authorities

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