Court Order Highlights Questions On Need For Groundwater Permits

May 28, 2021
A federal district court judge is asking a Hawaii county and environmentalists to answer a series of detailed questions about how treated municipal wastewater moves from injection wells to the Pacific Ocean, highlighting the challenges for courts in trying to apply a Supreme Court test for whether a Clean Water Act (CWA) permit is necessary. There appears to be no dispute that the Lahaina Wastewater Reclamation Facility (LWRF) is a “point source” as defined by the CWA or that the...

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