The recent term of the United States Supreme Court featured several rulings on environmental and other regulatory issues. This update highlights the major environmental decisions this term, as well as some of the issues the Court will consider next term.

Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., 133 S. Ct. 710, decided January 8, 2013. -

In this matter, the Supreme Court issued a unanimous ruling in a municipal stormwater control case involving the stormwater management of the Los Angeles and San Gabriel Rivers. The Court held that there was no “discharge of a pollutant” into navigable waters under the Clean Water Act (“CWA”) when contaminated water “flows from one portion of a river that is a navigable water of the United States through a concrete channel or other engineered improvement in the river, and then into a lower portion of the same river.” Justice Ginsburg’s opinion notes that in South Florida Water Management District v. Miccosukee Tribe, the Court held that the transfer of contaminated water between two parts of the same water body does not constitute the regulated discharge of pollutants.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pillsbury Winthrop Shaw Pittman LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×