Supreme Court of the United States
Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc.
January 8, 2013568 U.S. 78
Summary
The Supreme Court held that the flow of polluted water from an improved portion of a river to an unimproved portion of the same river does not constitute a "discharge of a pollutant" under the Clean Water Act. The Court reversed the Ninth Circuit's judgment, relying on its prior decision in Miccosukee which established that transferring water within the same water body is not an "addition" of pollutants. Justice Alito concurred in the judgment.
Holding
- Under the CWA, does the flow of water from an improved portion of a navigable waterway into an unimproved portion of the very same waterway qualify as a discharge of pollutants?. No, such flow does not qualify as a discharge of pollutants under the CWA.
Docket 11-460
Cited authorities
- 33 U.S.C. §§ 1311
- 33 U.S.C. § 1342(p)(2)(C)
- 40 C.F.R. §§ 122.26
- 86 Stat. 816
- 33 U.S.C. § 1251
- 40 C.F.R. § 122.26
- 64 FR 68724
- 33 U.S.C. § 1365
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