South Florida Water Management District v. Miccosukee Tribe of Indians

The South Florida Water Management District (defendant) operated a pumping facility moving phosphorous-laden water from a canal into a nearby reservoir near the Everglades without an NPDES permit, arguing the facility merely transferred water without adding any pollutant to it; the Miccosukee Tribe and the Friends of the Everglades (plaintiffs) sued under the Clean Water Act, arguing the facility required a permit as a point source. The district court and court of appeals both agreed with the plaintiffs, and the Supreme Court granted certiorari, with the federal government submitting an amicus brief raising a new 'unitary waters' theory — that no permit is required for water simply moving between two navigable bodies of water, since all U.S. navigable waters should be viewed as a single unitary body for NPDES purposes.