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Los Angeles County Flood Control District v. Natural Resources Defense Council

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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

DateProceedings and Orders (key to color coding)
Oct 11 2011Petition for a writ of certiorari filed. (Response due November 14, 2011)
Nov 3 2011Order extending time to file response to petition to and including December 14, 2011.
Nov 11 2011Brief amici curiae of League of California Cities, et al. filed.
Nov 14 2011Brief amicus curiae of California Stormwater Quality Association filed.
Nov 14 2011Brief amicus curiae of National Association of Flood and Stormwater Management Agencies filed.
Nov 14 2011Brief amicus curiae of Florida Stormwater Association filed.
Dec 14 2011Brief of respondents Natural Resources Defense Council, Inc., et al. in opposition filed.
Dec 27 2011Reply of petitioner Los Angeles County Flood Control District filed. (Distributed)
Dec 28 2011DISTRIBUTED for Conference of January 13, 2012.
Jan 17 2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 23 2012Brief amicus curiae of United States filed.
Jun 1 2012Supplemental brief of respondents Natural Resources Defense Council, Inc., et al. filed.
Jun 4 2012Supplemental brief of petitioner Los Angeles County Flood Control District filed.
Jun 5 2012DISTRIBUTED for Conference of June 21, 2012.
Jun 25 2012Petition GRANTED limited to Question 2 presented by the petition.
Jul 11 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 16, 2012.
Jul 11 2012The time to file respondents' brief on the merits is extended to and including October 15, 2012.
Aug 10 2012The time to file respondents' brief on the merits is further extended to and including October 29, 2012.
Aug 10 2012The time to file the joint appendix and petitioner's brief on the merits is further extended to and including September 6, 2012.
Aug 24 2012Brief amici curiae of National Governors Association, et al. filed.
Sep 5 2012Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents.
Sep 6 2012Joint appendix (2 volumes) filed. (Statement of costs filed)
Sep 6 2012Brief of petitioner Los Angeles County Flood Control District filed.
Sep 11 2012Brief amici curiae of City of New York, et al. filed.
Sep 12 2012Brief amici curiae of Nationwide Public Projects Coalition, et al. filed.
Sep 13 2012Brief amicus curiae of United States in support of neither party filed.
Sep 13 2012Brief amicus curiae of National Association of Home Builders filed.
Sep 13 2012Consent to the filing of timely amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner.
Sep 13 2012Brief amici curiae of League of California Cities, et al. filed.
Sep 13 2012Brief amici curiae of National Hydropower Association, et al. filed.
Sep 13 2012Brief amicus curiae of Western Coalition of Arid States filed.
Sep 13 2012Brief amici curiae of Western Urban Water Coalition, et al. filed.
Sep 13 2012Brief amicus curiae of Albuquerque Metropolitan Arroyo Flood Control Authority filed.
Sep 13 2012Brief amici curiae of National Association of Flood and Stormwater Management Agencies, et al. filed.
Sep 13 2012Brief amicus curiae of International Municipal Lawyers Association filed.
Sep 14 2012SET FOR ARGUMENT ON Tuesday, December 4, 2012.
Sep 28 2012Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Sep 28 2012Record from U.S.D.C. for Central District of California is electronic.
Oct 17 2012CIRCULATED.
Oct 29 2012Brief of respondents Natural Resources Defense Council, Inc., et al. filed. (Distributed)
Nov 2 2012Brief amici curiae of National Wildlife Federation, et al. filed. (Distributed)
Nov 2 2012Brief amicus curiae of Friends of the Everglades filed. (Distributed)
Nov 2 2012Brief amicus curiae of Dr. Linwood Pendleton filed. (Distributed)
Nov 5 2012Brief amici curiae of Professors on the "Addition of a Pollutant" Question filed. (Distributed)
Nov 5 2012Brief amicus curiae of Heal the Bay filed. (Distributed)
Nov 5 2012Brief amicus curiae of Professor Derek B. Booth filed. (Distributed)
Nov 5 2012Brief amicus curiae of Douglas Emmett, Inc. filed. (Distributed)
Nov 5 2012Brief amici curiae of Law Professors on deference to permit terms filed. (Distributed)
Nov 5 2012Brief amici curiae of Friends of the Los Angeles River, et al. filed. (Distributed)
Nov 5 2012Brief amici curiae of Alexandria Boehm, Ph.D., et al. filed. (Distributed)
Nov 5 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 20 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 21 2012Reply of petitioner Los Angeles County Flood Control District filed. (Distributed)
Nov 28 2012Letter from counsel for respondents' citing additional authority filed and distributed.
Dec 4 2012Argued. 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.
Jan 8 2013Judgment 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.
Feb 11 2013JUDGMENT ISSUED.