[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Georgetown University Law Professor Lisa Heinzerling discusses the recent oral argument in County of Maui, Hawaii v. Hawaii Wildlife Fund in a November 7th SCOTUSblog post. The United States Supreme Court had previously...more
The United States through the Solicitor General (“U.S.”) filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al. The United States Supreme Court...more
Whether a discharge to groundwater that results in pollution of jurisdictional surface waters is regulated under the Clean Water Act (the “CWA”) is the subject of much debate, conflicting decisions from the Circuit Courts of...more
The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of...more
On February 19, 2019, the Supreme Court of the United States issued an order granting review of the Ninth Circuit’s decision in County of Maui v. Hawaii Wildlife Fund, setting the stage for a landmark decision on Clean Water...more
The United States Solicitor General (“SG”) filed a brief related to the Petitions for Writs of Certiorari addressing Ninth and Fourth Circuit decisions titled: County of Maui, Hawaii, Petitioner v. Hawaii Wildlife Fund et...more
On January 3, 2019, the U.S. Solicitor General filed a brief urging the Supreme Court to grant certiorari in County of Maui v. Hawaii Wildlife Fund to decide the question of whether a “discharge of a pollutant…occurs when a...more
In consideration of a request for a writ of certiorari in the cases County of Maui v. Hawaii Wildlife Fund, No. 18-260 and Kinder Morgan Energy Partners v. Upstate Forever, No. 18-268, the US Supreme Court invited the views...more
On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more
On December 3, 2018, the Supreme Court of the United States took a rare step in specifying a deadline by which the U.S. Solicitor General may offer input in two certiorari petitions involving the scope of the Clean Water Act....more