Enviros Urge Justices To Uphold 9th Circ. Groundwater Ruling

Law360 (July 12, 2019, 10:52 PM EDT) -- Green groups on Friday urged the U.S. Supreme Court to uphold the Ninth Circuit's holding that Clean Water Act permits may be required for pollution sources that discharge contaminants via groundwater.

The Hawaii Wildlife Fund, Sierra Club, Surfrider Foundation and West Maui Preservation Association said Congress clearly intended the act to cover unpermitted pollution discharges that "actually and foreseeably" reach navigable surface waters. They said Maui County, which is challenging the Ninth Circuit's ruling, relies on a misguided reading of the act to support its argument that permits are not required for such discharges.

The U.S. Environmental Protection Agency, which has...

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