Does the Clean Water Act regulate activities that simply move pre-existing material, such as rock, sand, and gravel, within a 'navigable water'?

QUESTION PRESENTED The Clean Water Act forbids the unpermitted “addition of any pollutant to navigable waters,” 33 U.S.C. § 13862(12) (emphasis added). See id. § 1311(a). Below, the Oregon Department of Environmental Quality determined, pursuant to federally delegated power, that the Act’s prohibition applies to small-scale suction dredge mining. Although such mining results in the movement of native streambed matter, it adds no material to the waters in which it is conducted. The Supreme Court of Oregon upheld the Department’s assertion of Clean Water Act authority, ruling—in conflict with decisions of this Court as well as the D.C. and Sixth Circuit Courts of Appeals—that the mere repositioning of things within a water results in the “addition” of pollutants to that water. The question presented is: Does the Clean Water Act regulate activities that simply move pre-existing material, such as rock, sand, and gravel, within a “navigable water”? ii LIST OF ALL PARTIES The Petitioners are: Thomas A. Kitchar; Guy Michael; Donald R. Young; Charles Chase; Eastern Oregon Mining Association; and Waldo Mining District. The Respondents are: the Oregon Department of Environmental Quality; Richard Whitman, in his official capacity as Director of the Oregon Department of Environmental Quality; and Justin Green, in his official capacity as Administrator of the Water Quality Division of the Oregon Department of Environmental Quality. Pursuant to Rule 35(8), Director Whitman and Administrator Green are substituted for former Director Dick Pederson and former Administrator Neil Mullane, respectively, who were Respondents below.