County of LA Disappointed with Court of Appeals Decision on Water Quality

The County of Los Angeles is disappointed with an opinion issued Thursday by the U.S. Ninth Circuit Court of Appeals that holds the County and the Los Angeles County Flood Control District responsible for stormwater and urban runoff pollution.
The opinion comes just seven months after the U.S. Supreme Court unanimously reversed an earlier opinion by the Ninth Circuit in the same case, which was brought by the Natural Resources Defense Council and Santa Monica Baykeeper against the County and the District.
Gail Farber, Chief Engineer of the Flood Control District and Director of the County of Los Angeles Department of Public Works, said the decision adopts an argument about stormwater monitoring that the court expressly rejected in two previous decisions in the same case by the same judges.
“We view this as another legal skirmish in a case we thought had been resolved by the U.S. Supreme Court,” Farber said. “It is unfortunate that this case continues to divert public resources away from the work of improving water quality in the LA region.”
“We will continue to work collaboratively with cities, regulatory agencies, and the environmental community to enhance water quality and protect our waterways,” she added.
The District is considering its further options in light of Thursday’s decision.

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