High Court Stormwater Case May Draw More CWA Suits

Law360, New York (January 31, 2013, 5:44 PM EST) -- On Jan. 8, 2013, the U.S. Supreme Court unanimously upheld its 2004 ruling that the movement of polluted water between separate sections of the same water body does not constitute a “discharge” of pollutants requiring a permit under the Clean Water Act (CWA).

In Los Angeles County Flood Control District v. Natural Resources Defense Council Inc., No. 11-460 (Jan. 8, 2013), the justices addressed only the discharge issue on which they had granted review, declining to consider broader questions relating to the interpretation of CWA permit...
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