EPA Publishes Draft Guidance On Applying Supreme Court's Decision In County Of Maui v. Hawaii Wildlife Fund - Environment
To print this article, all you need is to be registered or login on Mondaq.com. The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the "functional equivalent" test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The "functional equivalent" test is intended to help determine if a Clean Water Act permit is needed when pollutants are discharged to groundwater before reaching navigable waters. The draft guidance reiterates threshold conditions that must be satisfied to trigger the nee...
Source: mondaq.com