RECENT FEDERAL DECISIONS

April 2003

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Water Agencies Take Special Interest in Two East Coast Clean Water Act Cases Requiring NPDES Permits for Large Water Purveyors
Catskill Mountains Chapter of Trout Unlimited v. City of New York, 273 F.3d 481 (2d Cir. 2001); Miccosukee Tribe of Indians of Florida v. South Florida Water Management District

In separate decisions issued in the last 18 months, the Second Circuit and Eleventh Circuit Courts of Appeals have both ruled that conveyance of water from one watershed to another may require federal Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permits if the water being conveyed has higher concentrations of regulated "pollutants" than does the receiving water.