Supreme Court wades back into the murky Clean Water Act

FREEcology

Since the 1980s, Maui County’s wastewater treatment plant has discharged millions of gallons of recycled water into groundwater. Over several months, this pollution migrates to the ocean where it affects the health of coral reefs. Under the Clean Water Act, any addition of any pollutant from any point source to a navigable water requires a costly and time-consuming permit. Yet the county has never obtained a permit, believing that the conveyance of the pollution by groundwater rather than a pipe rendered the permit requirement inapplicable.

This week, the Supreme Court confronted the question whether a permit is required. But, if the oral argument is any indication, the answer is anything but clear. And that opaqueness raises significant concerns about how pollution can be addressed effectively while also giving fair notice to property owners. Although the Court’s consideration was limited to the statute as it exists today, the debate…

View original post 1,007 more words

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.