On January 8, the Supreme Court announced its decision in Los Angeles County Flood Control District v. Natural Resources Defense Council. The question in the case was whether, when someone channels water from an improved part of a river to an unimproved part of the same river (to control flooding), certain limitations prescribed by the Clean Water Act apply.
In an opinion delivered by Justice Ginsburg, the Court held unanimously that such water flow does not constitute a “discharge of pollutants” under the Clean Water Act. Justice Alito concurred in the judgment.
To discuss the case, we have Damien Schiff, a principal attorney for the Pacific Legal Foundation.