High Court Nixes 9th Circ. Ruling On Stormwater Discharges

Law360, New York (January 8, 2013, 1:53 PM EST) -- The U.S. Supreme Court on Tuesday unanimously reversed a Ninth Circuit decision holding Los Angeles County responsible for excessive pollution in area waters, ruling that water traveling through storm sewer systems between separate portions of a single river cannot be considered discharges under the Clean Water Act.

The high court's decision at least temporarily frees the Los Angeles County Flood Control District from liability for toxins found in two area rivers, but the narrow ruling fails to address alternative arguments from environmental challengers Santa Monica Baykeeper,...
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