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. 



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
May 25, 2023

RELEASE: Court Rewrites Clean Water Act to Protect Private Land Development at the Expense of…Clean Water

WASHINGTON, DC – Following the Supreme Court’s announcement of its decision in Sackett v. EPA,...
By: Miriam Becker-Cohen
Environmental Protection
January 19, 2023

BLOG: Defending the Environment with Constitutional and Statutory Text and History

This Term, the Supreme Court is considering Sackett v. Environmental Protection Agency, an important environmental...
By: Joie Mills
Environmental Protection
June 30, 2022

U.S. Supreme Court just gave federal agencies a big reason to worry

(Reuters) - The U.S. Supreme Court’s decision on Thursday to block the Environmental Protection Agency from regulating greenhouse gas...
By: Brian R. Frazelle, By Alison Frankel
Environmental Protection
June 30, 2022

RELEASE: Supreme Court’s Conservatives Deal Crushing Blow to Ability of Government to Protect the Environment

“Because of this flawed, ideologically tainted ruling, the power of the national government to solve...
By: Elizabeth B. Wydra
Environmental Protection
U.S. Supreme Court

Sackett v. Environmental Protection Agency

In Sackett v. Environmental Protection Agency, the Supreme Court determined the proper test for ascertaining whether wetlands are “navigable waters” under the Clean Water Act.
Environmental Protection
U.S. Supreme Court

West Virginia v. Environmental Protection Agency

In West Virginia v. EPA, the Supreme Court considered whether a regulation issued by the EPA to reduce greenhouse gas emissions from power plants was authorized by the Clean Air Act.