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No. 18-260October Term 2019Decided Apr 23, 2020

Docket 18-260October Term 2019 (2019–2020)

County of Maui v. Hawaii Wildlife Fund

The Court said an indirect route through groundwater does not, by itself, end the Clean Water Act analysis.

Case status

Current stage
Decided
Latest event
Decision released Apr 23, 2020
Case Accepted
Arguments
Decision ReleasedApr 23, 2020
What it's about

This case concerns Maui County’s practice of pumping treated wastewater into underground wells, where the pollutants traveled through groundwater and eventually reached the Pacific Ocean. The dispute is whether the Clean Water Act requires a permit for pollution that comes from a point source but reaches navigable waters indirectly through groundwater.

Question presented

Whether the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Apr 23, 2020

Area

Decided Supreme Court case

Briefing

What it's about

The case asked whether the Clean Water Act can require a permit when pollution starts at a well or other point source but reaches the ocean only after moving through groundwater. On April 23, 2020, the Supreme Court resolved that question and explained when an indirect path through groundwater still triggers the federal permitting law.

Impact

The answer affects local governments, utilities, and other facilities that send wastewater underground near rivers, lakes, or the ocean. For example, a county sewer system may still need a permit if pollutants travel through groundwater before reaching coastal water.

What's next

The Supreme Court has finished this docket action. Regulators, local governments, and lower courts now must apply the Court's guidance to wastewater systems like Maui County's wells.

What was the core dispute in County of Maui v. Hawaii Wildlife Fund?

The fight was over whether a Clean Water Act permit is needed when pollution starts at a point source but reaches the ocean through groundwater.

What real-world consequences could this decision have?

It affects counties and facilities that inject or discharge wastewater underground near protected waters. Some may still face federal permit duties despite the indirect route.

What is the next procedural step after this Supreme Court decision?

The Supreme Court's part is over. Officials and lower courts must now apply the decision to Maui County's wells and similar systems.

Decision

Decision record

What the Court decided

The Court said an indirect route through groundwater does not, by itself, end the Clean Water Act analysis.

Impact

The answer affects local governments, utilities, and other facilities that send wastewater underground near rivers, lakes, or the ocean. For example, a county sewer system may still need a permit if pollutants travel through groundwater before reaching coastal water.

Not official Court text.

Opinion documents