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 | Jan 8, 2013 | 9-0 | Ginsburg | OT 2012 |
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.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on January 8, 2013. Justice Alito concurred in the judgment only.
SCOTUSblog Coverage
- Opinion analysis: The Court unanimously agrees with everyone else (Kevin Russell, January 10, 2013)
- Argument recap: Now that we all agree the Ninth Circuit was wrong... (Kevin Russell, December 6, 2012)
- Argument preview: A Clean Water Act question no one cares to debate (Kevin Russell, December 3, 2012)
| Date | Proceedings and Orders |
|---|---|
| 10/11/2011 | Petition for a writ of certiorari filed. (Response due November 14, 2011) |
| 11/03/2011 | Order extending time to file response to petition to and including December 14, 2011. |
| 11/11/2011 | Brief amici curiae of League of California Cities, et al. filed. |
| 11/14/2011 | Brief amicus curiae of California Stormwater Quality Association filed. |
| 11/14/2011 | Brief amicus curiae of National Association of Flood and Stormwater Management Agencies filed. |
| 11/14/2011 | Brief amicus curiae of Florida Stormwater Association filed. |
| 12/14/2011 | Brief of respondents Natural Resources Defense Council, Inc., et al. in opposition filed. |
| 12/27/2011 | Reply of petitioner Los Angeles County Flood Control District filed. (Distributed) |
| 12/28/2011 | DISTRIBUTED for Conference of January 13, 2012. |
| 01/17/2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/23/2012 | Brief amicus curiae of United States filed. |
| 06/01/2012 | Supplemental brief of respondents Natural Resources Defense Council, Inc., et al. filed. |
| 06/04/2012 | Supplemental brief of petitioner Los Angeles County Flood Control District filed. |
| 06/05/2012 | DISTRIBUTED for Conference of June 21, 2012. |
| 06/25/2012 | Petition GRANTED limited to Question 2 presented by the petition. |
| 07/11/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 16, 2012. |
| 07/11/2012 | The time to file respondents' brief on the merits is extended to and including October 15, 2012. |
| 08/10/2012 | The time to file respondents' brief on the merits is further extended to and including October 29, 2012. |
| 08/10/2012 | The time to file the joint appendix and petitioner's brief on the merits is further extended to and including September 6, 2012. |
| 08/24/2012 | Brief amici curiae of National Governors Association, et al. filed. |
| 09/05/2012 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents. |
| 09/06/2012 | Joint appendix (2 volumes) filed. (Statement of costs filed) |
| 09/06/2012 | Brief of petitioner Los Angeles County Flood Control District filed. |
| 09/11/2012 | Brief amici curiae of City of New York, et al. filed. |
| 09/12/2012 | Brief amici curiae of Nationwide Public Projects Coalition, et al. filed. |
| 09/13/2012 | Brief amicus curiae of United States in support of neither party filed. |
| 09/13/2012 | Brief amicus curiae of National Association of Home Builders filed. |
| 09/13/2012 | Consent to the filing of timely amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner. |
| 09/13/2012 | Brief amici curiae of League of California Cities, et al. filed. |
| 09/13/2012 | Brief amici curiae of National Hydropower Association, et al. filed. |
| 09/13/2012 | Brief amicus curiae of Western Coalition of Arid States filed. |
| 09/13/2012 | Brief amici curiae of Western Urban Water Coalition, et al. filed. |
| 09/13/2012 | Brief amicus curiae of Albuquerque Metropolitan Arroyo Flood Control Authority filed. |
| 09/13/2012 | Brief amici curiae of National Association of Flood and Stormwater Management Agencies, et al. filed. |
| 09/13/2012 | Brief amicus curiae of International Municipal Lawyers Association filed. |
| 09/14/2012 | SET FOR ARGUMENT ON Tuesday, December 4, 2012. |
| 09/28/2012 | Record received from U.S.C.A. for 9th Circuit. (1 envelope) |
| 09/28/2012 | Record from U.S.D.C. for Central District of California is electronic. |
| 10/17/2012 | CIRCULATED. |
| 10/29/2012 | Brief of respondents Natural Resources Defense Council, Inc., et al. filed. (Distributed) |
| 11/02/2012 | Brief amici curiae of National Wildlife Federation, et al. filed. (Distributed) |
| 11/02/2012 | Brief amicus curiae of Friends of the Everglades filed. (Distributed) |
| 11/02/2012 | Brief amicus curiae of Dr. Linwood Pendleton filed. (Distributed) |
| 11/05/2012 | Brief amici curiae of Professors on the "Addition of a Pollutant" Question filed. (Distributed) |
| 11/05/2012 | Brief amicus curiae of Heal the Bay filed. (Distributed) |
| 11/05/2012 | Brief amicus curiae of Professor Derek B. Booth filed. (Distributed) |
| 11/05/2012 | Brief amicus curiae of Douglas Emmett, Inc. filed. (Distributed) |
| 11/05/2012 | Brief amici curiae of Law Professors on deference to permit terms filed. (Distributed) |
| 11/05/2012 | Brief amici curiae of Friends of the Los Angeles River, et al. filed. (Distributed) |
| 11/05/2012 | Brief amici curiae of Alexandria Boehm, Ph.D., et al. filed. (Distributed) |
| 11/05/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 11/20/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/21/2012 | Reply of petitioner Los Angeles County Flood Control District filed. (Distributed) |
| 11/28/2012 | Letter from counsel for respondents' citing additional authority filed and distributed. |
| 12/04/2012 | Argued. For petitioner: Timothy T. Coates, Los Angeles, Cal. For United States, as amicus curiae: Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Aaron Colangelo, Washington, D. C. |
| 01/08/2013 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., concurred in the judgment. |
| 02/11/2013 | JUDGMENT ISSUED. |
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.
Judgment:”Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on January 8, 2013. Justice Alito concurred in the judgment only.