Skip to content

menu

Open Legal Blog Archive logo
HomeAboutBlogsFAQsSubmit

NPDES Permit Not Required For Discharges to Different Parts of Same Waterway

By Craig Simonsen on January 8, 2013

By Philip L. Comella and Craig B. Simonsen

The Supreme Court held today in Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc., No. 11-460 (January 8, 2013), that the flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a “discharge of a pollutant” under the Clean Water Act. In doing so, the Supreme Court decision reaffirmed its prior decision in South Florida Water Management District v. Miccosukee Tribe of Indians, 541 U.S. 95 (2004), that the transfer of polluted water between two parts of the same water body does not constitute a discharge of pollutants under the Clean Water Act.

The Supreme Court’s ruling reversed a decision by the Ninth Circuit Court of Appeals, NRDC v. County of Los Angeles, 636 F.3d 1235 (9th Cir. 2011), which had held that the water control district had violated its discharge permit by channeling polluted stormwater from improved to unimproved portions of the receiving water bodies.

  • Posted in:
    Environmental
  • Blog:
    Workplace Safety and Environmental Law Alert Blog
  • Organization:
    Seyfarth Shaw LLP
  • Article: View Original Source

Open Legal Blog Archive, Inc. logo
Seattle, Washington
Copyright © 2026, Open Legal Blog Archive, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo