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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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