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




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials11
Supreme Court docket 18-260
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Questions Presented
brief | May 25, 2026
opinion
opinion | Apr 23, 2020
Petition
brief | Aug 27, 2018
Lower Court Orders/Opinions
order | May 31, 2018
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026