Without dissent, the Court held that the Ninth Circuit erred when it ruled that the flow of water out of a concrete channel within a river was a “discharge of a pollutant” under the Clean Water Act. The Ninth Circuit’s holding, found the Court, directly conflicted with South Florida Water Management District v. Miccosukee Tribe of Indians, 541 U.S. 95 (2004). http://www.supremecourt.gov/opinions/12pdf/11-460_3ea4.pdf
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