Supreme Court Sets Date for Groundwater Litigation Arguments

(July 10, 2019) - The US Supreme Court has announced it will hear oral arguments November 6 in a closely watched case over whether pollutants that travel via groundwater can be regulated under the Clean Water Act (CWA). 

The litigation, County of Maui v. Hawaii Wildlife Fund, is the most significant CWA case to reach the High Court in decades.  A negative decision by the Supreme Court could result in an extraordinary expansion of discharges subject to the requirements of the CWA’s National Pollutant Discharge Elimination System (NPDES) permit program, which could have a profound impact on the public clean water sector. 

NACWA filed a brief in the litigation in May.  More information can be found in the Association’s recent Advocacy Alert.