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L.A. FLOOD CTRL. v. RESOURCES DEFENSE COUN.

No. 11-460.

133 S.Ct. 710 (2013)

184 L.Ed.2d 547

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT v. NATURAL RESOURCES DEFENSE COUNCIL, INC., et al.

Supreme Court of United States.

Decided January 8, 2013.

Attorney(s) appearing for the Case

Timothy T. Coates , Los Angeles, CA, for Petitioner.

Pratik A. Shah , for United States as amicus curiae.

Aaron Colangelo , Washington, DC, for Respondents.

Timothy T. Coates , Greines, Martin, Stein & Richland LLP, Los Angeles, California, John F. Krattli , County Counsel, Judith A. Fries , Principal Deputy , Laurie E. Dods , Deputy County Counsel, Los Angeles, California, Howard Gest , David W. Burhenn , Burhenn & Gest LLP, Los Angeles, California, for Petitioner Los Angeles County Flood Control District.

Richard J. Lazarus , Cambridge, MA, Daniel Cooper , San Francisco, CA, Aaron Colangelo , Mitchell S. Bernard , Catherine Marlantes Rahm , Steven Fleischli, Washington, DC, for Respondents.

Justice GINSBURG delivered the opinion of the Court.

The Court granted review in this case limited to a single question: Under the Clean Water Act (CWA), 86 Stat. 816, as amended, 33 U.S.C. § 1251 et seq., does the flow of water out of a concrete channel within a river rank as a "discharge of a pollutant"? In this Court, the parties and the United States as amicus curiae agree that the answer to this question is "no." They base this accord on

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