Fractured High Court Vacates Ruling Finding County Needed Permit For Discharges

Mealey's (April 23, 2020, 1:14 PM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court  on April 23 voted 6-3 to vacate a Ninth Circuit U.S. Court of Appeals ruling affirming a summary judgment ruling in favor of environmental groups in their action accusing a municipality of violating the Clean Water Act (CWA) when discharging partially treated sewer water into the Pacific Ocean, finding that a National Pollutant Discharge Elimination System (NPDES) permit is needed only if a discharge comes directly from a point source or when there is “the functional equivalent of a direct discharge” (County of Maui v. Hawaii Wildlife Fund, et al., No. 18-260, U.S. Sup.,2020 U.S. LEXIS 2410)....