County of Maui v. Hawaii Wildlife Fund

590 U.S. 165, 140 S. Ct. 1462, 206 L. Ed. 2d 640
Supreme Court of the United States·Decided April 23, 2020·No. 18-260·Published·Cited by 78 cases

Opinions

Justice BREYER delivered the opinion of the Court.

*1468The Clean Water Act forbids the "addition" of any pollutant from a "point source" to "navigable waters" without the appropriate permit from the Environmental Protection Agency (EPA). 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 question presented here is whether the Act "requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source," here, "groundwater." Pet. for Cert. i. Suppose, for example, that a sewage treatment plant discharges polluted water into the ground where it mixes with groundwater, which, in turn, flows into a navigable river, or perhaps the ocean. Must the plant's owner seek an EPA permit before emitting the pollutant? We conclude that the statutory provisions at issue require a permit if the addition of the pollutants through groundwater is the functional equivalent of a direct discharge from the point source into navigable waters.

I

A

Congress' purpose as reflected in the language of the Clean Water Act is to " 'restore and maintain the ... integrity of the Nation's waters,' " § 101(a), 86 Stat. 816. Prior to the Act, Federal and State Governments regulated water pollution in large part by setting water quality standards. See EPA v. California ex rel. State Water Resources Control Bd. , 426 U.S. 200, 202-203, 96 S.Ct. 2022, 48 L.Ed.2d 578 (1976). The Act restructures federal regulation by insisting that a person wishing to discharge any pollution into navigable waters first obtain EPA's permission to do so. See id., at 203-205, 96 S.Ct. 2022 ; Milwaukee v. Illinois , 451 U.S. 304, 310-311, 101 S.Ct. 1784, 68 L.Ed.2d 114 (1981).

*1469The Act's provisions use specific definitional language to achieve this result. First, the Act defines "pollutant" broadly, including in its definition, for example, any solid waste, incinerator residue, " 'heat,' " " 'discarded equipment,' " or sand (among many other things). § 502(6), 86 Stat. 886. Second, the Act defines a "point source" as " 'any discernible, confined and discrete conveyance ... from which pollutants are or may be discharged,' " including, for example, any " 'container,' " " 'pipe, ditch, channel, tunnel, conduit,' " or " 'well.' " § 502(14), id., at 887. Third, it defines the term "discharge of a pollutant" as " 'any addition of any pollutant to navigable waters [including navigable streams, rivers, the ocean, or coastal waters] from any point source.' " § 502(12), id., at 886.

The Act then sets forth a statutory provision that, using these terms, broadly states that (with certain exceptions) " 'the discharge of any pollutant by any person' " without an appropriate permit " 'shall be unlawful.' " § 301, id., at 844. The question here, as we have said, is whether, or how, this statutory language applies to a pollutant that reaches navigable waters only after it leaves a "point source" and then travels through groundwater before reaching navigable waters. In such an instance, has there been a "discharge of a pollutant," that is, has there been "any addition of any pollutant to navigable waters from any point source? "

B

The petitioner, the County of Maui, operates a wastewater reclamation facility on the island of Maui, Hawaii. The facility collects sewage from the surrounding area, partially treats it, and pumps the treated water through four wells hundreds of feet underground. This effluent, amounting to about 4 million gallons each day, then travels a further half mile or so, through groundwater, to the ocean.

In 2012, several environmental groups, the respondents here, brought this citizens' Clean Water Act lawsuit against Maui. See § 505(a), id., at 888. They claimed that Maui was "discharg[ing]" a "pollutant" to "navigable waters," namely, the Pacific Ocean, without the permit required by the Clean Water Act. The District Court, relying in part upon a detailed study of the discharges, found that a considerable amount of effluent from the wells ended up in the ocean (a navigable water). It wrote that, because the "path to the ocean is clearly ascertainable," the discharge from Maui's wells into the nearby groundwater was "functionally one into navigable water." 24 F.Supp.3d 980, 998 (Haw. 2014). And it granted summary judgment in favor of the environmental groups. See id., at 1005.

The Ninth Circuit affirmed the District Court, but it described the relevant statutory standard somewhat differently. The appeals court wrote that a permit is required when "the pollutants are fairly traceable

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County of Maui v. Hawaii Wildlife Fund, 590 U.S. 165, 140 S. Ct. 1462, 206 L. Ed. 2d 640 (2020).

590 U.S. 165 (County of Maui v. Hawaii Wildlife Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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