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The Case of County of Maui v. Hawaii Wildlife Fund: A Landmark Environmental Law Decision

Background

The County of Maui, Hawaii, operates a wastewater reclamation facility on the island of Maui. For years, there has been a dispute over whether the facility's discharge of treated wastewater into the Pacific Ocean violates the Clean Water Act (CWA). The CWA prohibits the discharge of pollutants from "point sources" into navigable waters without a permit.

In 2012, the Hawaii Wildlife Fund (HWF) filed a lawsuit against the County of Maui, alleging that the wastewater discharge violated the CWA. The district court dismissed the lawsuit, but the Ninth Circuit Court of Appeals reversed the decision.

The Supreme Court's Decision

The Supreme Court granted certiorari to review the Ninth Circuit's decision. On April 23, 2020, the Court ruled 6-3 in favor of the County of Maui. The Court held that the CWA does not require a permit for the discharge of pollutants from a point source into groundwater that eventually flows into navigable waters.

Implications of the Decision

The Supreme Court's decision has significant implications for environmental law. The decision narrows the scope of the CWA and makes it more difficult to regulate pollution from point sources that discharge into groundwater.

The decision also has implications for the regulation of wastewater treatment plants. Many wastewater treatment plants discharge treated wastewater into groundwater. The Supreme Court's decision means that these plants may not need to obtain a permit under the CWA, even if the treated wastewater eventually flows into navigable waters.

Conclusion

The Supreme Court's decision in County of Maui v. Hawaii Wildlife Fund is a significant victory for industry and a setback for environmentalists. The decision narrows the scope of the CWA and makes it more difficult to regulate pollution from point sources that discharge into groundwater.

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