Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Los Angeles County Flood Control District v. Natural Resources Defense Council

Docket No. Op. Below Argument Opinion Vote Author Term
11-460 9th Cir. Dec 4, 2012
Tr.Aud.
Jan 8, 2013 9-0 Ginsburg OT 2012
 
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Holding: The flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a “discharge of a pollutant” under the Clean Water Act.

Plain English Summary:

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on January 8, 2013. Justice Alito concurred in the judgment only.

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CVSG Information

Invited: January 17, 2012

Filed: May 23, 2012 (Deny)

Briefs and Documents

Holding: The flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a “discharge of a pollutant” under the Clean Water Act.   JudgmentReversed and remanded, 9-0, in an opinion by Justice Ginsburg on January 8, 2013. Justice Alito concurred in the judgment only.
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