OPINION
This appeal concerns the scope of the government's jurisdiction under the federal Clean Water Act (the Act; 33 U.S.C. § 1251 et seq.) to regulate water pollutants. Enacted in 1972, the Act prohibits any person from discharging a pollutant into "navigable waters" — i.e., into "the waters of the United States" — from a "point source" (a discrete conveyance of pollutants) without a permit. (See 33 U...
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