RECENT FEDERAL DECISIONS

April 2007

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Ninth Circuit Determines Best Management Practices May Be Used Instead of Numerical Limits For Storm Water Discharges
San Francisco Baykeeper v. Cargill Salt Division, ___F.3d___

On March 8, 2007 the U.S. Court of Appeals for the Ninth Circuit, determined that mere adjacency of a waste discharge pond to a navigable water of the United States did not confer Clean Water Act (CWA) jurisdiction. The waste discharge pond was not considered to be a wetland for purpose of the court’s analysis and the court interpreted Supreme Court CWA precedent to limit the adjacency principle to wetlands.