(October 7, 2020) – NACWA was recently asked to speak on a panel at the Ground Water Protection Council’s (GWPC) 2020 Annual Forum. The GWPC, which represents state groundwater regulatory agencies nationwide, invited NACWA to present on the nexus between groundwater regulation and the National Pollutant Discharge Elimination System (NPDES) program. 

NACWA’s presentation reviewed the current legal status of the Hawaii Wildlife Fund v. County of Maui litigation, and outlined several of the activities NACWA’s members engage in that could potentially be impacted by the Supreme Court’s decision. NACWA also detailed several of the reasons why activities such as green infrastructure development, water reuse and aquifer recharge should generally not be subject to NPDES permitting in light of the County of Maui “functional equivalence” test.

For questions concerning NACWA’s presentation or the County of Maui decision, please contact NACWA’s Chief Legal Counsel, Amanda Aspatore.