Feb 19 2019
The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of certiorari filed by the County of Maui. The Supreme Court will ostensibly determine whether discharges of pollutants to surface waters via groundwater and/or soil are regulated by the CWA. The Supreme Court’s decision is certain to have far-reaching implications for permitting and enforcement pursuant to the CWA.