Originally published in Law360, New York on August 17, 2012.

The U.S. Supreme Court has agreed to review two U.S. Ninth Circuit Court of Appeals Clean Water Act (CWA) cases. Both cases involve the extent to which certain releases are properly categorized as point source discharges and must accordingly be regulated by the National Pollutant Discharge Elimination System (NPDES) permits under the CWA.

Is the Conveyance of Water from One Part of a River to Another Properly Defined as “Discharge” Under the Clean Water Act?

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