Questions Presented

The Clean Water Act regulates the addition of pollutants to the navigable waters of the United States, including pollutants stemming from municipal stormwater systems. 33 U.S.C. §1342(p).

The questions presented by this petition are:

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?

Source

Merit Briefs

• Brief for Petitioner Los Angeles Flood Control District
• Brief for Respondents Natural Resources, et al
• Reply Brief for Petitioner Los Angeles Flood Control District
  

Amicus Briefs

• Brief for Albuquerque Metropolitan Arroyo Flood Control Authority in Support of Petitioner
• Brief for the International Municipal Lawyers Association in Support of Petitioner
• Brief for League of California Cities, California State Association of Counties, and National League of Cities in Support of Petitioner
• Brief for The National Association of Flood and Stormwater Management Agencies and the Santa Clara Valley Water District in Support of Petitioner
• Brief for the National Association of Home Builders in Support of Petitioner
• Brief for 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
• Brief for 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
• Brief for the Nationwide Public Projects Coalition, West Valley Water District of California, the Metropolitan Denver Water Authority of Colorado, Semitropic Water Storage District of California and the Wheeler Ridge-Maricopa Water Storage District of California in Support of Petitioner
• Brief for the City of New York, New York State Conference of Mayors, the American Water Works Association, American Public Works Association, Water Environment Federation, Association of Metropolitan Water Agencies, and the National Association of Clean Water Agencies in Support of Petitioner
• Brief for Western Coalition of Arid States (“Westcas”) in Support of Petitioner
• Brief for 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 Los Angeles County Flood Control District
• Brief for Alexandria Boehm, Ph.D., and Mark Gold, D.Env. in Support of Respondents
• Brief for Dr. Linwood Pendleton Regarding Economic Impacts of Storm Water Runoff in Support of Respondents
• Brief for Douglas Emmett, Inc. in Support of Respondents
• Brief for Friends of the Everglades in Support of Respondents
• Brief for Friends of the Los Angeles River, Communities for a Better Environment, and L.A. River Expeditions in Support of Respondents
• Brief for Heal The Bay in Support of Respondents
• Brief for Law Professors in Support of Respondents on Deference to Permit Terms
• Brief for Law Professors on the “Addition Of A Pollutant” Question in Support of Respondents
• Brief for National Wildlife Federation, Hudson River Fishermen’s Association New Jersey Chapter, Catskill Mountain Chapter of Trout Unlimited, Theodore Gordon Flyfishers, Inc., and American Whitewater in Support of Respondents
• Brief for Professor Derek B. Booth, Ph.D., P.E., R.P.G. on the Stormwater Collection Process and the Function of Storm Sewer Systems in Support of Respondents
• Brief for the United States in Support of Neither Party