CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


SOUTH FLORIDA WATER MANAGEMENT DISTRICT v. MICCOSUKEE TRIBE OF INDIANS et al., 541 U.S. 95

Subscribe to Cases that cite 02-626 RSS feed for this section

SOUTH FLORIDA WATER MANAGEMENT DISTRICT v. MICCOSUKEE TRIBE OF INDIANS et al.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

No. 02-626. Argued January 14, 2004--Decided March 23, 2004

Congress established the Central and South Florida Flood Control Project (Project) to address drainage and flood control problems in reclaimed portions of the Everglades. Five Project elements are at issue here. The first, the "C-11" canal, collects ground water and rainwater from an area that includes urban, agricultural, and residential development. The second Project element, pump station "S-9," moves water from the canal to the third element, an undeveloped wetland, "WCA-3," which is a remnant of the original South Florida Everglades. Petitioner, the Project's day-to-day operator (hereinafter District), impounds the water there to keep if from flowing into the ocean and to preserve wetlands habitat. Absent such human intervention, the water would flow back to the canal and flood the C-11 basin's populated areas. Such flow is prevented by levees, including the "L-33" and "L-37" levees at issue here. The combined effect of L-33, L-37, C-11, and S-9 is artificially to separate the C-11 basin from WCA-3, which would otherwise be a single wetland. The Project has an environmental impact on wetland ecosystems. Rain on the western side of L-33 and L-37 falls into WCA-3's wetland ecosystem, but rain falling on the eastern side absorbs contaminants, including phosphorous from fertilizers, before entering the C-11 canal. When that water is pumped across the levees, the phosphorus alters the WCA-3 ecosystem's balance, stimulating the growth of algae and plants foreign to the Everglades. Respondents (hereinafter Tribe) filed suit under the Clean Water Act (Act), which prohibits "the discharge of any pollutant by any person" unless done in compliance with the Act, 33 U. S. C. §1311(a). Under the Act's National Pollutant Discharge Elimination System (NPDES), dischargers must obtain permits limiting the type and quantity of pollutants they can release into the Nation's waters. §1342. The Act defines " 'discharge of a pollutant' " as "any addition of any pollutant to navigable waters from any point source," §1362(12), and defines " 'point source' " as "any discernible, confined and discrete conveyance" "from which pollutants are or may be discharged," §1362(14). The Tribe claims that S-9 requires an NPDES permit because it moves phosphorus-laden water from C-11 into WCA-3, but the District contends that S-9's operation does not constitute the "discharge of [a] pollutant" under the Act. The District Court granted the Tribe summary judgment, and the Eleventh Circuit affirmed. Both rested their holdings on the predicate determination that C-11 and WCA-3 are two distinct water bodies.

Held: The case is remanded for further proceedings regarding the parties' factual dispute over whether C-11 and WCA-3 are meaningfully distinct water bodies. Pp. 6-14.


Full Text of Opinion





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED