In April of 2020, Justice Breyer, delivering the Supreme Court s opinion in
Maui v. Hawaii Wildlife Fund, told us that the traditional common-law method, making decisions that provide examples that in turn lead to ever more refined principles would, over time, define the reach of the Clean Water Act. Today Lara Beaven, of
Inside EPA, reports that fourteen months later we re still waiting.
One of the first post-
Maui decisions was anticipated to come from the Seventh Circuit in
Prairie Rivers Network v. Dynegy Midwest Generation, a citizen suit alleging that releases from coal ash ponds to groundwater were prohibited by the Clean Water Act. Before
SCOTUS Maui Functional Equivalence Test Not Yet Applied by Courts natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.