Legal Opinion
Friends of the Everglades v. South Florida Water Management District
Court of Appeals for the Eleventh Circuit
Decided June 4, 2009No. 07-13829PublishedCited by 145 opinions
1Opinion of the Court
CARNES, Circuit Judge:
This appeal turns on whether the transfer of a pollutant from one navigable body of water to another is a “discharge of a pollutant” within the meaning of the Clean Water Act, 33 U.S.C. § 1362(12). If it is, a National Pollution Discharge Elimination System permit is required. 33 U.S.C. §§ 1311(a), 1342(a). The Act defines “discharge of a pollutant,” but the meaning of that definition is itself disputed. During the course of this litigation, the Environmental Protection Agency adopted a regulation addressing this specific matter. The issue we face, after we dispose of a…
2Cases cited53 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Ex Parte YoungSupreme Court of the United States · 1908
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
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3Cited by145 opinions
- Joe Houston v. Marod Supermarkets, Inc.Court of Appeals for the Eleventh Circuit · 2013
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- Southern Grouts & Mortars, Inc. v. 3M Co.Court of Appeals for the Eleventh Circuit · 2009
- Christian Coalition of Florida, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
- Catskill Mountains Chapter of Trout Unlimited, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Second Circuit · 2017
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