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Supreme Court Holds That the Mere Conveyance of a Pollutant into Jurisdictional Waters Qualifies As a "Discharge" Under the Clean Water Act

 By Paul P. Spaulding, Chris Locke, David J. Lazerwitz and Andrew W. Ingersoll of Farella Braun & Martel LLP

The U.S. Supreme Court has decided a groundbreaking Clean Water Act (CWA) case, holding that the passive conveyance of pollutants into jurisdictional waters requires a discharge permit under the Act's National Pollutant Discharge Elimination System (NPDES) program regardless of whether the pollutants originate from that discharge. While the Court remanded the case for further findings, the ruling may affect municipalities, water districts, industrial facilities and agricultural users that transfer water from one location to another.

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