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Supreme Court of the United States › Clean Water Act › Groundwater

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Draft Maui Guidance Memorandum/Clean Water Act: U.S. Small Business Administration Office of...

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The United States Small Business Administration Office of Advocacy (“SBA”) submitted December 21st comments addressing the United States Environmental Protection Agency’s (“EPA”) document titled: Draft Guidance...more

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

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

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The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

Mintz

EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the...

Mintz on

Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the “functional equivalent” of a discharge to a Water of the United States requiring a NPDES permit...more

Brownstein Hyatt Farber Schreck

Colorado Meets Maui: District Court Analyzes Discharges to Groundwater

Brownstein Hyatt Farber Schreck on

Maui has finally made its way to Colorado. In what appears to be the first application of County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020) in the state, the District of Colorado recently held that certain...more

Mintz

The Sacketts' second day in the nation's highest court is over. What's next?

Mintz on

This morning the Supreme Court of the United States heard from the Sacketts of Idaho for the second time. For sixteen years the Sacketts have been in the Federal Courts in connection with their attempt to build a house on a...more

Mintz

More on the Supreme Court's most recent tangle with the Clean Water Act

Mintz on

Bobby Magill of Bloomberg has published a concise summary of the two hours in the Supreme Court yesterday during which attorneys for the United States of America and the Sacketts of Idaho were grilled on the reach of the...more

Mintz

EPA's Science Advisory Board says EPA's definition of Waters of the United States is supported by science but will that matter to...

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A little over a month ago EPA's Science Advisory Board decided "EPA could benefit from SAB review of the science supporting [EPA's] proposed definition of Waters of the United States.” As many of you know, EPA's proposal is...more

Brownstein Hyatt Farber Schreck

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

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Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

Allen Matkins

The Still Murky Permitting Requirements Under the Clean Water Act after County of Maui Spawn Highly Fact-Intensive Inquiries

Allen Matkins on

In last year’s Land Use, Environmental & Natural Resources Update 2021 Update, we reported on the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund (County of Maui), 590 U.S. __; 140 S. Ct. 2778 (2020),...more

Jenner & Block

WOTUS to Get The SCOTUS Treatment, Again

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On January 24, 2022, the U.S. Supreme Court agreed to hear a case on the scope and authority of the Clean Water Act (“CWA”). The Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency,...more

Stinson LLP

How Can We Chart a Course on Navigable Waters?

Stinson LLP on

Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

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The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Foley Hoag LLP - Environmental Law

Implementing Maui Remains a Case-by-Case Affair, at Least for Now

Foley Hoag LLP - Environmental Law on

Last week, EPA withdrew guidance issued in the waning days of the Trump Administration interpreting the Supreme Court decision in County of Maui v. Hawaii Wildlife Fund. As the masochists who follow the torturous case law we...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Environmental Protection Agency Rescinds Maui...

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

The United States Environmental Protection Agency (“EPA”) rescinded a guidance document it had previously issued titled: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Federal Court Addresses Maui Issue on Remand

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The United States District Court (District of Hawaii) (“Court”) addressed in a July 15th Order the question of whether a Maui County (“County”) wastewater discharge facility (“Facility”) should have obtained a Clean Water Act...more

Foley Hoag LLP - Environmental Law

Maui Needs a NPDES Permit; What’s Next for WOTUS?

Foley Hoag LLP - Environmental Law on

Last week, District Judge Susan Mollway ruled that the County of Maui must obtain a NPDES permit for discharges to groundwater by the Lahaina Wastewater Reclamation Facility. It is the first trial court decision applying the...more

Smith Gambrell Russell

Federal Ruling Requires CWA Permit for Injection Wells

Smith Gambrell Russell on

In a ruling July 15, U.S. District Judge Susan Oki Mollway ordered Maui County to obtain a permit under the Clean Water Act (CWA) consistent with the analysis established by the Supreme Court’s April 2020 ruling that...more

Mintz

The End of the Road in Maui?

Mintz on

Late yesterday, Federal Judge Susan Oki Mollway, of the District of Hawaii, ruled that the County of Maui needs a Federal Clean Water Act NPDES permit for its groundwater discharge of treated water from its waste water...more

Schwabe, Williamson & Wyatt PC

Murky Waters: Assessing EPA’s Draft Guidance on Groundwater Regulation After the Maui County Decision

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Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v....more

K&L Gates LLP

Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund

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On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)....more

Wiley Rein LLP

EPA’s Recent Clean Water Act Guidance to Implement the Supreme Court’s Maui Decision

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On April 23, 2020, the Supreme Court of the United States issued a groundbreaking ruling in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), holding that a National Pollutant Discharge Elimination System...more

WilmerHale

EPA Publishes Draft Guidance on Applying Supreme Court's Decision in County of Maui v. Hawaii Wildlife Fund

WilmerHale on

The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The...more

Morgan Lewis

EPA Narrowly Defines Discharges into Groundwater that Are Subject to Clean Water Act Permitting

Morgan Lewis on

Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis to determine when National Pollutant Discharge...more

Beveridge & Diamond PC

EPA’s CWA Groundwater Guidance Says Little, Will Likely Be Rescinded

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EPA’s recent draft guidance memorandum on applying the Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund, 140 S. Ct. 1462 (2020), provides little clarity for determining when a release to groundwater is the...more

Maynard Nexsen

EPA Drafts Guidance on County of Maui’s “Functional Equivalent” Test

Maynard Nexsen on

On Tuesday, December 8, 2020, the U.S. Environmental Protection Agency (EPA) issued a Draft Guidance Memorandum attempting to place the recent Supreme Court decision in County of Maui v. Hawaii Wildlife Fund “into context...more

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