Justices Seek Balance In Clean Water Act Case Arguments

Law360 (November 12, 2019, 3:54 PM EST) -- Last week’s oral arguments before the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund touched on big-picture impacts of potential federal regulation, as well as technical statutory interpretation, with the justices searching for a practical standard for controlling indirect discharges to navigable waters that would prevent evasion of surface water quality protections, but that would also avoid a significant expansion of federal permitting requirements.

It remains unclear from the oral arguments whether the court will be able to strike such a balance — or whether the search will come up short.

The Clean Water Act requires a permit...

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