Perkins Coie Update: Pollution Levels in Monitoring Data Are Sufficient to Hold County Liable for Storm Water Permit Violation

  • by BPC Staff
  • on August 12, 2013
  • 0 Comments
Perkins Coie Update
Update  

Environment, Energy & Resources

August 12, 2013
Ninth Circuit Reverses Prior Ruling:
Pollution Levels in Monitoring Data Are Sufficient to Hold County Liable for Storm Water Permit Violation
 
Highlights

In a prior ruling in 2011, the Ninth Circuit concluded that Los Angeles County could not be held liable for storm water permit violations based solely on pollution levels detected in the county’s storm water monitoring data. Nevertheless, the court found that the county was liable, on the theory that it discharged pollutants from a point source when polluted storm water flowed through concrete channels into the navigable waters.

     

In January 2013, the Supreme Court reversed the Ninth Circuit, holding that there is no point-source discharge under the Clean Water Act when water flows from a navigable portion of a river through a concrete channel and then into another navigable portion of the same river.

     

In a ruling on August 8, 2013, on remand from the Supreme Court, the Ninth Circuit changed its mind and held that the county was liable as a matter of law due to pollution levels detected in its storm water monitoring data. Natural Resources Defense Council v. County of Los Angeles (No. 10-56017).

 
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