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3 Questions Left After Maui Groundwater Case Ruling
Law360 (July 16, 2021, 8:29 PM EDT) The first court decision implementing the U.S. Supreme Court s landmark ruling that Clean Water Act permits may be required for some facilities that discharge pollution into groundwater shows just how many serious, unavoidable vulnerabilities local governments and businesses must address.
A Hawaii federal judge ruled Thursday that Maui County is required to obtain National Pollution Discharge Elimination System permits for some wastewater injection wells, which allow pollution to migrate through groundwater to the Pacific Ocean.
The decision shows that federal and local regulators and community and environmental groups have a powerful new tool to enforce the Clean Water Act, Barnes & Thornburg LLP.
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Wash. Court Finds Water Permits For Dairy Farms Inadequate
Law360 (June 30, 2021, 7:16 PM EDT) Conservation groups secured a victory in their challenge against waste discharge permits used by dairy farms in Washington after a state appeals court found the approvals don t provide adequate protections to ensure excessive manure runoff doesn t pollute nearby water sources.
The appeals panel found Tuesday that both a state-specific permit and approvals that ensure compliance with the federal National Pollution Discharge Elimination System permit requirements aren t sufficient under the federal Clean Water Act nor the state s Water Pollution Control Act. The ruling largely invalidates the general permits issued by Washington s Department of Ecology that govern wastewater practices at concentrated animal feeding.