June 10, 2020

Agricultural Management Case Update (Second Quarter, 2020)

Jesse Haskins

Waters of the United States

In County of Maui v. Hawaii Wildlife Fund, No. 18-260 (U.S. Apr. 23, 2020), the U.S. Supreme Court interpreted the Clean Water Act's (CWA) requirement of a permit for “discharge of a pollutant.” Maui at 1 (quoting Federal Water Pollution Control Act §§ 301(a), 502(12)(A), as amended by the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act) § 2, 86 Stat. 844, 886 33 U.S.C. §§ 1311(a), 1362(12)(A). The CWA defines “discharge of a pollutant” as “any addition of any pollutant to navigable waters . . . from any point source.” The word “from” emerged as the point of contention, generating the court opinion, a concurring opinion, and two dissenting opinions.

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