South Florida Water Management District v. Miccosukee Tribe of Indi — Scalia, J., Concurring in Part and Dissenting…

Summary

Justice Scalia joins Parts I and II-A of the Court's opinion, holding a point source is not exempt from permit requirements for merely not adding pollutants. He dissents from vacating judgment on other grounds, arguing the unitary-waters argument was raised below and summary judgment should not be precluded by speculative future flooding claims.