Articles
Much ado about nothing?
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 legality of EPA’s regulation exempting owners and operators of forest roads from ob ...
Articles
Much ado about nothing, part II
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 because all the parties and the federal government as amicus agree o ...
Articles
Much ado about nothing, part III
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. … ...
Articles
It really was much ado about nothing
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 downstream “unimproved” segment of the same water of the United States. The Cou ...
Articles
More on Los Angeles County Water Management District
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. … ...