9th Circ. Says LA Water Monitoring Can Prove CWA Breaches

Law360, New York (August 8, 2013, 7:08 PM EDT) -- The Ninth Circuit on Thursday ruled that Los Angeles County can be held accountable for clean water permit violations where its monitoring uncovers excess pollutant levels, in a ruling that addresses unanswered questions following the U.S. Supreme Court’s recent review of the case.

A unanimous appeals panel rejected the Los Angeles County Flood Control District’s argument that a group of environmental plaintiffs could not use self-reported municipal monitoring data — which demonstrated repeated National Pollutant Discharge Elimination System permit violations — to establish liability for its...
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