Legal Experts Question EPA’s Ability To Quickly Develop Maui Guidance

Legal experts say it will be extremely challenging for EPA to quickly develop guidance aimed at easing implementation of the Supreme Court’s recent decision finding discharges of pollutants that travel through groundwater to surface waters can require a Clean Water Act (CWA) permit, noting the sheer difficulty of doing so and competing priorities. Former EPA attorneys say the agency typically likes to articulate its interpretation of Supreme Court rulings, especially when there are pending lower court cases waiting to apply...