9th Circ. Stormwater Flip Should Catch High Court’s Eye

Law360, New York (August 12, 2013, 6:08 PM EDT) -- The Ninth Circuit bent over backwards last week to find a way to assign liability for stormwater pollution, setting up a likely review by the Supreme Court only months after the justices reversed the same panel’s opinion and refused to lower the bar for water pollution liability, attorneys say.

The nation’s high court already unanimously struck down the appeals court’s earlier decision finding the Los Angeles County Flood Control District accountable for water permit violations, ruling that water traveling through storm sewer systems between separate portions...
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