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Isn’T That Special?: The Epa’S Special-Case Determination For The Los Angeles River Extends Clean Water Act Protections Cast In Doubt By The Army Corps And The United States Supreme Court, Douglas Carstens, Michelle Black, Staley Prom

Golden Gate University Environmental Law Journal

In an effort to examine the implications EPA’s ability to extend Clean Water Act protection through the use of its special-case determination authority, this Article provides a case study of the Los Angeles River and the regulatory interplay between the Army Corps and the EPA. To begin, Part I sets forth the factual background of the LA River, describing its fickle and often volatile physical nature. It then describes the legal framework underlying the case by providing an overview of the Clean Water Act, its shared administration by the EPA and Army Corps, and the basis for the EPA’s special-case …