Solicitor General

Supreme Court overturns Ninth Circuit decision that held L.A. County Flood Control District liable for stormwater pollution in a poorly-reasoned, but narrow, decision

Today, the U.S. Supreme Court issued its opinion in Los Angeles County Flood Control District v. Natural Resources Defense Council.  I’ve blogged about this case before, noting that the Supreme Court’s grant of review in this case was based on a completely mistaken premise.  (If you’re unfamiliar with the case, the linked post explains in …

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Today’s Supreme Court Arguments in Los Angeles County Flood Control District

  The Ninth Circuit Court of Appeals got no love from either the U.S. Supreme Court or the advocates appearing before it today in Los Angeles County Flood Control District v. Natural Resources Defense Counsel.  Nor did a previously-unheard-from government actor similarly absent from the Supreme Court chambers today. Yesterday Sean Hecht posted on the …

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The strange saga of how Los Angeles County’s stormwater pollution ended up in the Supreme Court

Tomorrow, the Supreme Court will hear oral argument in Los Angeles County Flood Control District v. Natural Resources Defense Council. This case involves a lawsuit by clean-water advocates to require our County Flood Control District to take responsibility for ensuring that polluted stormwater doesn’t impair our local water quality in two local rivers. The Ninth …

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Supreme Court Grants Review in Two Clean Water Act Cases From Ninth Circuit

This morning the U.S. Supreme Court granted certiorari in two high-profile Clean Water Act cases from the Ninth Circuit Court of Appeals.  The justices simultaneously denied review in a major federalism decision, also from the Ninth Circuit, involving an industry challenge to a California Air Resources Board’s regulation requiring ships to use low-polluting fuels near …

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