Overview
The Family Farm Alliance earned a decisive win Sept. 5, 2025, when the Ninth Circuit Court of Appeals upheld the U.S. District Court for the Eastern District of California’s ruling regarding the Clean Water Act exemption for irrigated agriculture return flows.
The ruling confirms that projects such as the Grassland Bypass Project do not require federal National Pollution Discharge Elimination System permits so long as return flows don’t contain pollutants from unrelated point sources. The court’s decision ensures farmers and water districts can continue producing food and fiber without facing unnecessary federal permitting burdens.
Parsons Behle & Latimer water law attorney Norman M. Semanko represented Family Farm Alliance, one of the several parties that signed onto the amicus brief. “This is a complete win for agriculture,” Semanko said. “The Ninth Circuit confirmed what Congress intended nearly 50 years ago: irrigation return flows are exempt from federal permitting, provided they don’t include other unrelated point source discharges.”
Team
