Issue: Maui County v. Hawaii Wildlife Fund — NPDES Permitting and Functional Equivalent Discharge

In 2018, the Supreme Court of the United States (SCOTUS) agreed to hear the case Maui County v. Hawaii Wildlife Fund (No. 18-260). The case examined whether the Clean Water Act requires a National Pollutant Discharge Elimination System (NPDES) permit when pollutants are conveyed from a point source to waters of the United States (WOTUS) by groundwater.

In 2020, SCOTUS concluded that the Clean Water Act NPDES permitting requirements apply when conveyance by groundwater provides “the functional equivalent of a direct discharge” of a point source into jurisdictional waters under the Clean Water Act. After the ruling, NGWA worked with partner organizations and the U.S. Environmental Protection Agency to draft practical “real-world” guidance to address the Supreme Court decision.

Additional resources:

• Download a copy of the NGWA white paper on the case Maui County v. Hawaii Wildlife Fund
• Maui County v. Hawaii Wildlife Fund Amicus Brief Filed by NGWA and WSC
• National Ground Water Association Submits Comments to EPA on SCOTUS County of Maui v. Wildlife Fund Guidance Memo
• EPA Guidance Memorandum: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program.