California Court of Appeal October 24, 2012, No. C067130 (Garland v. Central Valley Regional Water Quality Control Board)

Opinion

BUTZ, J.

This appeal concerns the scope of the government’s jurisdiction under the federal Clean Water Act (the Act; 33 U.S.C. § 1251 et seq.) to regulate water pollutants. Enacted in 1972, the Act prohibits any person from discharging a pollutant into “navigable waters”—i.e.