Analysis

3 Questions Left After Maui Groundwater Case Ruling

By Juan Carlos Rodriguez (July 16, 2021, 8:29 PM EDT) -- The first court decision implementing the U.S. Supreme Court's landmark ruling that Clean Water Act permits may be required for some facilities that discharge pollution into groundwater shows just how many serious, unavoidable vulnerabilities local governments and businesses must address.

A Hawaii federal judge ruled Thursday that Maui County is required to obtain National Pollution Discharge Elimination System permits for some wastewater injection wells, which allow pollution to migrate through groundwater to the Pacific Ocean.

The decision shows that federal and local regulators and community and environmental groups have a powerful new tool to enforce the Clean Water Act, Barnes & Thornburg LLP...

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