Now available is a post-decision podcast I recorded for the Federalist Society, which goes into greater detail on why I believe that, from the perspective of the Clean Water Act practitioner, this decision is much ado about nothing. … Continue reading
On Monday, the Supreme Court ruled unanimously in Los Angeles County Flood Control District v. Natural Resources Defense Council that the Clean Water Act does not regulate the mere flow of polluted water from an upstream “improved” segment to a … Continue reading
In case you haven’t had enough, the Federalist Society has published a podcast of me discussing Los Angeles County Flood Control District v. NRDC, a Clean Water Act case dealing with stormwater pollution, argued earlier this week. … Continue reading
Last month I wrote about a very peculiar case just argued this week in the United States Supreme Court—Los Angeles County Flood Control District v. Natural Resources Defense Council—concerning the Clean Water Act’s regulation of stormwater. The case is peculiar … Continue reading
The United States Supreme Court this Term will hear at least two cases arising under the Clean Water Act: Decker v. Northwest Environmental Advocates, and Los Angeles County Flood Control District v. Natural Resources Defense Council. The former concerns the … Continue reading
Yesterday, the EPA announced its intent to amend its Clean Water Act stormwater regulations governing runoff from forest roads and other silvicultural activities. EPA’s action is the result of the Ninth Circuit’s decision in Northwest Environmental Defense Center v. Brown, … Continue reading