ELR Citation: ELR 20229
No(s). 00-9447 (2d Cir. Oct 23, 2001)

The court reverses a district court decision that water diverted from a reservoir through a city-operated tunnel and then released into a creek is not the "addition" of a pollutant to a creek, thereby triggering the Clean Water Act's (CWA's) permit requirement. The transfer of water was necessary to...