Big news on the Clean Water Act (CWA). With the backdrop of a major circuit split (previously discussed here), the U.S. Supreme Court has agreed to hear the Ninth Circuit case of County of Maui, Hawaii v. Hawaii Wildlife Fund. The Supreme Court will now have to determine whether discharges of pollutants to surface waters via groundwater are regulated under the CWA.
In County of Maui, plaintiff-environmentalists alleged that the wastewater from a municipal wastewater treatment facility was seeping through the groundwater and ending …
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