The Ninth Circuit Limits the Irrigation Return Flow Exception in the Clean Water Act – Update from Barker, Rosholt & Simpson, LLP

On September 6, 2019, the Ninth Circuit Court of Appeals issued a decision in Pacific Coast Federation of Fishermen’s Associations v. Glaser. Glaser involved the Central Valley Project, the largest federal water management project in the nation, and the Grasslands Bypass Project, a tile drainage system that consists of a network of perforated drain laterals underlying farmlands in California’s Central Valley that catch irrigated water containing selenium and other pollutants and directs the water to surrounding surface waters.

To read the full memo online, click here.