The United States Supreme Court, in a unanimous ruling, has acted to limit a potential liability of municipalities and other stormwater permit holders with respect to the condition of waters entering and passing through their jurisdictions. In a short opinion issued on January 8, the Court ruled in LOS ANGELES COUNTY FLOOD CONTROL DISTRICT v. NATURAL RESOURCES DEFENSE COUNCIL, INC., ET AL., that the Flood District could not be held responsible under its municipal separate storm sewer system (stormwater) permit for the polluted condition of waters passing through its ...
Posts tagged Los Angeles County Flood Control District.
Tags: Los Angeles County Flood Control District, natural resources defense control, south florida water management district, stormwater
On January 8, 2013, the U.S. Supreme Court, in a unanimous decision reversing the Ninth Circuit Court of appeals, held that "the flow of water from an improved portion of a navigable waterway into an unimproved portion of the very same waterway does not qualify as a discharge of pollutants under the CWA. Because the decision below cannot be squared with that holding, the Court of Appeals judgment must be reversed." LA County Flood Control District v. NRDC. Pursuant to its MS4 permit, the Flood Control District had been monitoring instream flows in improved sections of the Los Angeles and ...