In a 6-3 opinion, the U. S. Supreme Court decided one of the more closely followed environmental disputes of recent years. In County of Maui v. Hawaii Wildlife Fund, the Court considered whether injecting municipal sewage...more
4/24/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Wednesday, EPA and the Army Corps of Engineers released a prepublication version of the final rule defining “waters of the United States,” the jurisdictional trigger under the Clean Water Act. The term needs defining because...more
EPA and the Army Corps of Engineers continue their ongoing effort to bring clarity to the tangled mess wrought by the Supreme Court in Rapanos v. U. S. In that 2006 case, a fractured Court issued five separate opinions on the...more
On Jan. 8, 2013, the U.S. Supreme Court unanimously held that flow from an improved portion of a waterway into an unimproved portion of the same waterway — even if polluted — does not qualify as “discharge of pollutants”...more