Environmental Protection

RELEASE: Handing Environment a Win, Court Follows Text of Clean Water Act

WASHINGTON – Following the Supreme Court’s ruling in County of Maui v. Hawai‘i Wildlife Fund, which held that a direct discharge, or the functional equivalent of one, of pollutants into navigable waters from a point source requires a permit under the Clean Water Act, Constitutional Accountability Center Chief Counsel Brianne Gorod issued the following reaction:

Coming the day after Earth Day, the Court’s ruling this morning is a welcome victory for environmental protection. By following the text, structure, and purpose of the Clean Water Act, a cross-ideological majority of the justices rightly rejected efforts to create a loophole in a key environmental law that Congress passed to protect our nation’s waters. As the majority wrote, “EPA’s oblique argument about the statute’s references to groundwater cannot overcome the statute’s structure, its purposes, or the text of the provisions that actually govern.” And as Justice Kavanaugh noted, the late Justice Scalia’s reasoning in a previous case firmly underscores today’s ruling. 

#

Resources:

CAC case page in County of Maui v. Hawai‘i Wildlife Fund: https://www.theusconstitution.org/litigation/county-of-maui-v-hawaii-wildlife-fund/

##

Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

###

More from Environmental Protection

Environmental Protection
U.S. Court of Appeals for the District of Columbia Circuit

American Lung Association v. EPA

In American Lung Association v. EPA, the Court of Appeals for the District of Columbia Circuit is considering whether a 2019 Environmental Protection Agency rule, which repealed the 2015 Clean Power Plan, violates the Clean Air...
Environmental Protection
U.S. Court of Appeals for the Ninth Circuit

League of Conservation Voters v. Trump

In League of Conservation Voters v. Trump, the U.S. Court of Appeals for the Ninth Circuit is considering whether President Trump may lawfully rescind certain measures put in place by President Obama to protect Alaskan...
Environmental Protection
July 22, 2019

Former EPA Heads, 13 States, Native American Tribe, Beer Brewers, Others Join Supreme Court Clean Water Act Case

Earthjustice
Bipartisan coalition opposes Maui County, Trump administration in case that threatens clean water across U.S.
Environmental Protection
U.S. Supreme Court

County of Maui v. Hawai‘i Wildlife Fund

In County of Maui v. Hawai‘i Wildlife Fund, the Supreme Court considered whether the Clean Water Act requires a permit for the discharge of a pollutant from a point source to navigable waters, even if the pollutant travels...
Environmental Protection
June 17, 2019

Gorsuch, Thomas, and Kavanaugh Clash With Roberts and Alito Over Federal Preemption of State Regulation

Reason
Understanding today’s Supreme Court decision in Virginia Uranium, Inc. v. Warren
Environmental Protection
April 18, 2019

Gov’t Says Trump Had Power To Shrink National Monuments

Law360
The federal government continued to argue that the Antiquities Act gives President Trump the power...