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The Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc.____ (2013) is a U.S. Supreme Court case decided by a 9-0 vote, in which the Natural Resources Defense Council (NRDC) and Santa Monica Baykeeper challenged the Los Angeles County Flood Control District (District) for violating the terms of its National Pollutant Discharge Elimination System (NPDES) permit as shown in water-quality measurements from monitoring stations within the Los Angeles and San Gabriel Rivers.

Background

The Los Angeles County Flood Control District (District) operates a "municipal separate storm sewer system" (MS4), which collects and transports stormwater runoff through rivers flowing to the Pacific Ocean. Because stormwater is often heavily polluted from various non-point sources, the Clean Water Act (CWA) and its implementing regulations require certain MS4s to obtain a National Pollutant Discharge Elimination System (NPDES) permit before discharging stormwater into navigable waters. Between 2002 and 2008, the District continually detected water pollution levels that exceeded its MS4 permit in its stormwater channel system. The District argued that this issue was resolved by the Court’s earlier decision in the South Fla. Water Management Dist. v. Miccosukee Tribe (541 U.S. 95) case, which determined that transferring water within a single water body does not add anything. NRDC argued that the earlier decision did not apply because the District’s permit establishes allowable water pollution levels.

Parties

Los Angeles Flood Control District The Los Angeles Flood Control District is the defendant in this particular case. The District argued that this case is resolved by the Court’s earlier decision on South Florida Water Management District v. Miccosukee Tribe of Indians, 541 U.S. 95, 105 (2004), which determined that transferring water within a single water body does not constitute as a "discharge" according to the Clean Water Act.

Natural Resources Defense Council The Natural Resources Defense Council and Santa Monica Baykeeper (collectively, “NRDC”) filed a citizen-enforcement action against the District and County in the Central District of California, alleging that the District violated the NPDES permit and the Clean Water Act.

Prior Case

Describe the Miccosukee case and decision.

Overview of this Case

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