United States Ninth Circuit

In a citizen's suit brought by an environmental group under the Clean Water Act, alleging defendants violated the Act by discharging pollutants from the Klamath Straits Drain into the Klamath River without a permit, the district court's summary judgment in favor of the government is affirmed where because the waters flowing into the river from the drain were not "meaningfully distinct" as used in L.A. Cnty. Flood Dist. v. Natural Resources Defense Council, 133 S. Ct. 710, 713 (2013) (holding that no pollutants are added to a water body when water is merely transferred between different portions of that water body) a permit was not required under the Clean Water Act.

Appellate Information

• Decided 08/21/2015
• Published 08/21/2015

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel