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LOS ANGELES CTY. FLOOD CONTROL v. NATURAL RESOURCES, ET AL.

Docket No.: 11-460
Argued: December 4, 2012
Decided: January 8, 2013

Topics:

Clean Water, Clean Water Act, Commerce Clause, EPA, Environmental Protection Agency, Federal Water Pollution Control, Natural Resources, patent, qualified immunity

PartyNames: Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., et al.
Petitioner: Los Angeles County Flood Control District
Respondent: Natural Resources Defense Council, Inc., et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 673 F3d 880
Supreme Court Docket

Los Angeles County Flood Control District
v.
Natural Resources Defense Council, Inc., et al.
Consideration Limited:

LIMITED TO QUESTION 2 PRESENTED BY THE PETITION.

Question Presented:

1. Do "navigable waters of the United States" include only "naturally occurring" bodies of water so that construction of engineered channels or other man-made improvements to a river as part of municipal flood and storm control renders the improved portion no longer a "navigable water" under the Clean Water Act? 2. When water flows from one portion of a river that is navigable water of the United States, through a concrete channel or other engineered improvement in the river constructed for flood and stormwater control as part of a municipal separate storm sewer system, into a lower portion of the same river, can there be a "discharge" from an "outfall" under the Clean Water Act, notwithstanding this Court's holding in South Florida Water Management District v. Miccosukee Tribe of Indians, 541 U.S. 95, 105 (2004), that transfer of water within a single body of water cannot constitute a "discharge" for purposes of the Act?

LOS ANGELES CTY. FLOOD CONTROL v. NATURAL RESOURCES, ET AL.
ORAL ARGUMENT

December 4, 2012

Listen to Oral Argument in LOS ANGELES CTY. FLOOD CONTROL v. NATURAL RESOURCES, ET AL.
Holding: REVERSED AND REMANDED
Vote: 9-0
Opinion By:

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LOS ANGELES CTY. FLOOD CONTROL v. NATURAL RESOURCES, ET AL.
Case Documents

1Petition for Writ of Certiorari
2BRIEF FOR PETITIONER
3REPLY BRIEF FOR PETITIONER
4SUPPLEMENTAL BRIEF FOR RESPONDENT PETITIONER
5BRIEF OF AMICI CURIAE THE NATIONWIDE PUBLIC PROJECTS COALITION, WEST VALLEY WATER DISTRICT OF CALIFORNIA, METROPOLITAN DENVER WATER AUTHORITY OF COLORADO, SEMITROPIC WATER STORAGE DISTRICT OF CALIFORNIA AND WHEELER RIDGE-MARICOPA WATER STORAGE DISTRICT OF CALIFORNIA IN SUPPORT OF PETITIONER
6BRIEF OF AMICI CURIAE THE CITY OF NEW YORK, NEW YORK STATE CONFERENCE OF MAYORS, AMERICAN WATER WORKS ASSOCIATION, AMERICAN PUBLIC WORKS ASSOCIATION, WATER ENVIRONMENT FEDERATION, ASSOCIATION OF METROPOLITAN WATER AGENCIES, AND NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES IN SUPPORT OF PETITIONER
7BRIEF OF AMICUS CURIAE ALBUQUERQUE METROPOLITAN ARROYO FLOOD CONTROL AUTHORITY IN SUPPORT OF PETITIONER
8BRIEF FOR WESTERN COALITION OF ARID STATES ("WESTCAS") AS AMICUS CURIAE IN SUPPORT OF PETITIONER
9BRIEF AMICUS CURIAE OF THE INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION IN SUPPORT OF PETITIONER
10BRIEF OF AMICI CURIAE NATIONAL HYDROPOWER ASSOCIATION, NORTHWEST HYDROELECTRIC ASSOCIATION, AMERICAN PUBLIC POWER ASSOCIATION, EXELON CORPORATION, FIRSTLIGHT POWER RESOURCES, PACIFICORP, PORTLAND GENERAL ELECTRIC COMPANY, PUBLIC UTILITY DISTRICT NO. 1 OF CHELAN COUNTY, WASHINGTON, PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, WASHINGTON, SABINE RIVER AUTHORITY OF TEXAS, AND SABINE RIVER AUTHORITY STATE OF LOUISIANA IN SUPPORT OF PETITIONER
11BRIEF OF NATIONAL GOVERNORS ASSOCIATION, NATIONAL ASSOCIATION OF COUNTIES, NATIONAL CONFERENCE OF STATE LEGISLATURES, INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION, COUNCIL OF STATE GOVERNMENTS, AND U.S. CONFERENCE OF MAYORS IN SUPPORT OF PETITIONER
12BRIEF OF THE NATIONAL ASSOCIATION OF FLOOD AND STORMWATER MANAGEMENT AGENCIES AND THE SANTA CLARA VALLEY WATER DISTRICT AS AMICI CURIAE IN SUPPORT OF PETITIONER
13BRIEF AMICUS CURIAE OF THE NATIONAL ASSOCIATION OF HOME BUILDERS
14BRIEF AMICUS CURIAE OF THE FLORIDA STORMWATER ASSOCIATION IN SUPPORT OF PETITIONER
15BRIEF OF THE LEAGUE OF CALIFORNIA CITIES ASSOC AND THE CALIFORNIA STATE ASSOCIATION IATION OF COUNTIES AS AMICI CURIAE IN SUPPORT OF PETITIONER
16BRIEF OF AMICI CURIAE WESTERN URBAN WATER COALITION, CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, NORTHERN COLORADO WATER CONSERVANCY DISTRICT, LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT, CITY OF AURORA, CITY OF COLORADO SPRINGS, CENTRAL ARIZONA WATER CONSERVATION DISTRICT, CITY OF PHOENIX WATER SERVICES DEPARTMENT, METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, EAST BAY MUNICIPAL UTILITY DISTRICT, SANTA CLARA VALLEY WATER DISTRICT, SOUTHERN NEVADA WATER AUTHORITY, TRUCKEE MEADOWS WATER AUTHORITY, METROPOLITAN WATER DISTRICT OF SALT LAKE & SANDY, AND CENTRAL UTAH WATER CONSERVANCY DISTRICT IN SUPPORT OF PETITIONER
17SUPPLEMENTAL BRIEF FOR RESPONDENT
18BRIEF IN OPPOSITION
19BRIEF FOR THE UNITED STATES AS AMICUS CURIAE
20BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING NEITHER PARTY
21LOS ANGELES CTY. FLOOD CONTROL v. NATURAL RESOURCES, ET AL. Oral Argument Transcript (PDF)
22LOS ANGELES CTY. FLOOD CONTROL v. NATURAL RESOURCES, ET AL. Oral Argument Audio
23Slip Opinion in LOS ANGELES CTY. FLOOD CONTROL v. NATURAL RESOURCES, ET AL. (Opinion by Justice Ruth Bader Ginsburg)