County of Maui, Hawaii v. Hawaii Wildlife Fund [SCOTUSbrief]

In 2012, the Hawaii Wildlife Fund sued the County of Maui, Hawaii, alleging that the pollutants discharged from the county’s waste treatment plant were making their way through the groundwater to the Pacific Ocean. The county of Maui, however, asserted that this was a nonpoint source, and therefore a permit was not required under the Clean Water Act.

While the Clean Water Act calls for preventing the discharge of pollutants into navigable waters of the United States, the precise limitations of the federal government’s anti-pollution authority remain ambiguous.

When is a permit required under the Clean Water Act to discharge pollutants from a nonpoint source? And what are the potential implications of this case before the Supreme Court? Prof. Donald Kochan of the Chapman University David E. Fowler School of Law discusses County of Maui, Hawaii v. Hawaii Wildlife Fund. Oral argument is November 6, 2019.

JUDGMENT: April 23, 2020. Vacated and remanded, 6-3, in an opinion by Justice Breyer. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined. Justice Alito filed a dissenting opinion.

HOLDING: The Clean Water Act, which forbids "any addition" of any pollutant from "any point source" to "navigable waters" without the appropriate Environmental Protection Agency permit, requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.

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As always, the Federalist Society takes no position on particular legal or public policy issues. All opinions expressed are those of the speaker.

Learn more about Donald Kochan:

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Related Links & Differing Views:

LA Times: “Supreme Court to decide if Clean Water Act limits Hawaii’s underground wastewater dumping”

Bloomberg: “Supreme Court Will Consider Limiting Scope of Clean Water Act”

The Federalist Society: “Courthouse Steps Preview: County of Maui, Hawaii v. Hawaii Wildlife Fund”

American Bar Association: “County of Maui v. Hawai’i Wildlife Fund: A preview of the Supreme Court’s review of Clean Water Act jurisdiction over groundwater”

[johnwigger]

Wow, never seen a youtube video of such CWA and point sources. A "well" is literally in the definition of "point source".