Environmental Law and Policy Alert – Update from Somach Simmons & Dunn

September 23, 2025

Ninth Circuit Clarifies Clean Water Act Irrigated Flows Exemption

On September 5, 2025, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued its decision in Pacific Coast Federation of Fishermen’s Associations v. Nickels, Case No. 23-15599. The decision interprets the scope of the irrigated return flow exemption under the Clean Water Act (CWA) and concludes that drainage flows from the Grassland Bypass Project conveyed through the drainage system, and discharged into the San Luis Drain, qualifies for the exemption … Read More

Written by Danielle Diele Fatta