March 01, 2014

The Ripple Effect: Underlying Currents in the Short Opinion in LA County Flood Control District v. NRDC

Marla Nelson

In January 2013 in Los Angeles County Flood Control District v. Natural Resources Defense Council, 133 S. Ct. 710 (2013) (LA County), the Supreme Court ruled that water flowing out of a concrete channel within a river does not constitute the “discharge of a pollutant” under the Clean Water Act (CWA). This outcome was easier to predict than most, given that all of the parties agreed on the answer to the question presented for review.

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