JUDICIAL DEVELOPMENTS

August 2006

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Second Circuit Ruling that New York City Must Obtain an NPDES Permit when Transferring Water between Distinct Waterbodies Appears in Conflict with EPA’s Proposed Water Transfer Rule
Catskill Mountains Chapter of Trout Unlimited v. City of New York, ___F.3d___

On June 13, the United States Court of Appeals for the Second Circuit issued an opinion that is virtually certain to perpetuate the recent flurry of litigation under § 402 of the Clean Water Act (CWA). In Catskill Mountains Chapter of Trout Unlimited v. City of New York, the Second Circuit affirmed its own 2001 decision by again holding that New York City must obtain a National Pollutant Discharge Elimination System (NPDES) permit when transferring water between distinct waterbodies via a tunnel to support its municipal drinking water system.