Uncertainty Continues As Courts Fail To Clarify Maui Groundwater Ruling

A year after the Supreme Court held that groundwater-borne pollution can be the “functional equivalent” of a discharge to surface waters that requires a Clean Water Act (CWA) permit, attorneys say it remains unclear how EPA and courts will apply the justices’ test in practice, amid a growing list of citizen suits. During a March 19 American Bar Association (ABA) webcast on recent Supreme Court decisions regarding water pollution and water rights, West Virginia University law professor Jesse Richardson said...