SCOTUS Will Decide Scope of Clean Water Act Jurisdiction

On February 19, 2019, the Supreme Court of the United States issued an order granting review of the Ninth Circuit’s decision in County of Maui v. Hawaii Wildlife Fund, setting the stage for a landmark decision on Clean Water Act jurisdiction. The particular issue under consideration is whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater. In January, the U.S. Solicitor General filed a brief – at the Court’s request – urging the Justices to decide the question conflicting trial courts and appellate courts throughout the country. The Court will presumably review the case during its October term.  In the meantime, the U.S. Environmental Protection Agency is expected to soon provide its views on the scope of groundwater regulation under the Clean Water Act in response to comments the agency received on the issue around this time last year.

The Supreme Court’s decision will have wide-ranging impacts, particularly for the regulated community and the forty-seven states authorized to administer the Clean Water Act permitting program.  The Burr & Forman Environment and Land Use Team will continue to provide our updated analysis.

Jump to Page
Arrow icon Top

Contact Us

We use cookies to improve your website experience, provide additional security, and remember you when you return to the website. This website does not respond to "Do Not Track" signals. By clicking "Accept," you agree to our use of cookies. To learn more about how we use cookies, please see our Privacy Policy.

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.