RECENT FEDERAL DECISIONS

December 2001

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Court of Appeals: Transport of Water through State Distribution System May Require NPDES Permit under the Clean Water Act
Catskill Mountains Chapter of Trout Unlimited, Inc., et al. v. City of New York, et al.,

In an October 23, 2001 decision, the United States Court of Appeals for the Second District determined in Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York that the conveyance of a water supply through a tunnel from an upstate reservoir to a downstate destination in connection with a statewide distribution system may involve the "addition of a pollutant" that requires an National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act (CWA), 33 U.S.C. § 1251 et seq.