Case Analysis Of The Clean Water System

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The petitioner, Los Angeles County Flood Control District (District), controls a municipal separate store sewer system, also known as MS4, which was discharging polluted storm water into four rivers (Los Angeles River, San Gabriel River, Santa Clara River and Malibu Creek) that exceeded pollutant standards into navigable waters beginning 2002 or 2003. The MS4 is a system of conveyances that is designed to collect polluted storm water and discharge the water into navigable waters. It is not a combined sewer or a part of a sewage treatment plant. MS4 operates are required by the Clean Water Act (CWA) to obtain a National Pollutant Discharge Elimination system (NPDES) permit before discharging water. The respondents, Natural …show more content…

The data from the stations allowed the Ninth Court of Appeals to hold the District liable for the Los Angeles and San Gabriel rivers.
On June 25, 2012, the Supreme Court granted review of the case only to answer the following question: “Under the CWA, does a discharge of pollutants occur when polluted 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, and then into a lower portion of the same river?". Using the S. Fla. Water Mgmt. Dist. v. Miccosukee case, they answered with the following statement; “pumping polluted water from one part of a water body into another part of the same body is not a discharge of pollutants under the CWA. For the reasons stated above, the supreme court reversed and remanded the case.
The main issue of the case was that the Los Angeles County Flood Control District allowed storm water runoff that exceeded pollutant levels to discharge into rivers that flows into the ocean. The case mainly focuses on defining the Clean Water Act,

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