Justices Leave Waters Muddy In County of Maui Sewage Case

Law360 (April 28, 2020, 5:15 PM EDT) -- The U.S. Supreme Court's April 23 decision in County of Maui v. Hawaii Wildlife Fund proves that legislating is best done by Congress, not the courts. The high court's decision also tells us that the era of judicial deference to the U.S. Environmental Protection Agency that began in the mid-1980s seems to be coming to an end.

The Supreme Court was asked a yes or no question with huge ramifications for state authorities and millions of property owners: Does a discharge to groundwater require a permit under the Federal Clean Water Act? The court's answer to this yes or no question...

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