Washington, D.C. —
The Supreme Court will hear oral arguments on Wednesday, Nov. 6, in County of Maui v. Hawaiʻi Wildlife Fund, a case that will decide whether the Clean Water Act regulates pollution discharges that “indirectly” enter protected waters, the outcome of which could imperil clean water across the nation. Oral arguments start at 10 AM EST.
The case concerns a Maui wastewater facility that discharges millions of gallons of treated sewage each day into the Pacific Ocean via the groundwater beneath the facility, which has devastated a formerly pristine reef. The County of Maui argues it does not need Clean Water Act permits for such an action because it is not discharging directly into waters protected by the Clean Water Act. However, the Clean Water Act does not require a “direct” injection of wastewater in waters of the U.S. Both the Hawaiʻi District Court and the 9th Circuit Court of Appeals rejected the County’s argument and concluded that the County of Maui is violating the Clean Water Act.
Earthjustice represents four Maui groups — Hawaiʻi Wildlife Fund, Sierra Club-Maui Group, Surfrider Foundation, and West Maui Preservation Association.
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