By Miriam R. Nemetz and Robert L. Bronston
Recently the Supreme Court granted certiorari in three cases of potential interest to the business community. Absent extensions, amicus briefs in support of the petitioners are due on Monday, August 11, 2003, and amicus briefs in support of the respondents are due on Monday, September 15, 2003.
1. Clean Water Act — Permit Requirement — Discharge of Pollutants.
Under the Clean Water Act, "any addition of any pollutant to navigable waters from any point source" is a "discharge of a pollutant" that requires a National Pollutant Discharge Elimination System (NPDES) permit. 33 U.S.C. § 1362(12). The Supreme Court granted certiorari in South Florida Water Mgmt. Dist. v. Miccosukee Tribe of Indians, No. 02-626, to decide whether the Clean Water Act requires a state water management district to obtain an NPDES permit to pump water across a levee into the Everglades where the pumped water contains slightly more pollutants than the receiving water.
