News & Analysis as of

Discharge of Pollutants Petition for Writ of Certiorari Navigable Waters

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae United States/Maui U.S. Supreme...

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

Womble Bond Dickinson

SCOTUS Will Review a Portion of the County of Maui Case Involving a Clean Water Act Citizen Suit

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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

Burr & Forman

SCOTUS Will Decide Scope of Clean Water Act Jurisdiction

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Solicitor General Supreme Court Filing Addressing...

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

Burr & Forman

Solicitor General Urges SCOTUS to Resolve Groundwater Circuit Split

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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

WilmerHale

Solicitor General Asks Supreme Court to Review the Decisions Adopting the Groundwater as Conduit Theory

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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

Burr & Forman

SCOTUS Seeks Views of Solicitor General in Groundwater Cases

Burr & Forman on

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

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