9th Circ. Vacates $3.7M Water Pollution Ruling For Fresh Look

By Clark Mindock (September 20, 2021, 6:23 PM EDT) -- The Ninth Circuit on Monday vacated a lower court's $3.7 million Clean Water Act judgment against a California clay processor, directing the parties to address a 2020 U.S. Supreme Court ruling on what water pollution triggers the federal act.

A split three-judge panel said that the 2020 judgment against Corona Clay Corp. was based on a previous understanding of what pollution discharges count under CWA permits and that the court must take into account the Supreme Court ruling in County of Maui v. Hawaii Wildlife Fund et al. In that case, the high court determined that only discharges that were made...

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