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Tag Archives: Clean Water Act

County of Maui v. Hawaii Wildlife Fund: What Happens Now?

May 28, 2020

Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters.  In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are […]

Supreme Court: Groundwater Discharges to Navigable Waters Require a Permit When ‘Functionally Equivalent’ to a Direct Discharge

April 23, 2020

Summary of County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. No. 18-260, Argued 1/6/2019, Decided 4/23/2020) Petitioner, County of Maui (“Maui”), operates a wastewater reclamation facility that partially treats water from the surrounding area, then releases roughly 4 million gallons of treated water into the ground through four wells. The effluent travels through […]

New USEPA Clean Water Act Guidance on Groundwater Previews Supreme Court Position and Applies in Illinois, Missouri, and 34 Other States

April 22, 2019

The United States Environmental Protection Agency (“Agency”) issued guidance on April 15, 2019, “clarifying” that releases of pollutants from point sources to groundwater are not subject to the Clean Water Act’s permitting requirements. The Agency, however, announced that its interpretation only applies to states outside the Fourth and Ninth Circuits, because those Courts of Appeal […]

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