Supreme Court to Review Groundwater Litigation

gavel-american-flag-court-335(February 19, 2019) - The US Supreme Court announced this morning that it has granted certiorari in Maui v. Hawaii Wildlife Fund (Case 18-260) to resolve the circuit split on the limited question of whether the Clean Water Act (CWA) requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater. 

This announcement sets up one of the most significant Clean Water Act (CWA) arguments before the High Court in years.  Although the court’s order did not set a hearing date, briefing is likely to occur over the coming months with oral argument late this Spring or in the Fall. 

NACWA plans to work with other stakeholders to file an amicus brief in the litigation.  For more information on this issue, see NACWA Summary: CWA Point Source Liability for Discharge of Pollutants Via Groundwater and NACWA’s brief supporting Maui’s cert petition.

Contact Amanda Waters, NACWA General Counsel, with questions.