County of maui v. hawaii wildlife fund.

The County of Maui discharges treated wastewater into wells without a NPDES permit. Haw. Wildlife Fund v. County of Maui, 886 F.3d 737, 742, 752 (9th Cir. 2018). Some of this treated wastewater reaches the Pacific Ocean by passing through groundwater. Id. at 742–43. The Ninth Circuit held that these discharges require a permit because the ...

County of maui v. hawaii wildlife fund. Things To Know About County of maui v. hawaii wildlife fund.

Liz Trotter, Earthjustice, (305) 332-5395. Washington, D.C. —. Today the Supreme Court issued its opinion in County of Maui v. Hawai ʻ i Wildlife Fund siding with clean water advocates that point source discharges to navigable waters through groundwater are regulated under the Clean Water Act. The following is a statement from David Henkin ...County of Maui v. Hawaii Wildlife Fund & the Future of the Clean Water Act. February 12, 2020 Brent McKnight Jr. Uncategorized Post navigation.See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES . Syllabus . COUNTY OF MAUI, HAWAII. v. HAWAII WILDLIFE FUND . ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT . No. 18–260. Argued November 6, 2019—Decided April 23, 2020WASHINGTON — EPA has rescinded a guidance document issued in the final days of the Trump Administration that blatantly misinterpreted the Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund. “This hastily-issued guidance document allowed polluters more leeway than either the Maui decision or the Clean …

Wildlife Fund v. Cnty. of Maui, 550 F. Supp. 3d 871, see flags on bad law, and search Casetext's comprehensive legal database ... Hawaii Wildlife Fund, et al. v. County of Maui, --- U.S. ----, 140 S. Ct. 1462, 1468, 206 L.Ed.2d 640 (2020). In other words, a person desiring to discharge any pollutant from a point source into the ...In County of Maui v. Hawaii Wildlife Fund, 140 S.Ct. 1462 (April 23, 2020), environmental groups sued County of Maui under the Clean Water Act citizen suit provision for discharging effluent without a National Pollutant Discharge Elimination System (NPDES) permit. In that case, County of Maui's wastewater reclamation facility collected sewage ...memorandum on the application of the U.S. Supreme Court's 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui).1 As a result of the Maui ruling, a range of activities—from ...

In April 2020, the Supreme Court held in County of Maui, Hawaii v. Hawaii Wildlife Fund that when a nonpoint discharge is the “functional equivalent” of a ...Nov 6, 2019 · County of Maui v. Hawai’i Wildlife Fund. No. 18-260 - Argued November 6, 2019. At Issue. Whether the Clean Water Act requires a permit when pollutants originate ...

On April 23, 2020, the United States Supreme Court issued its opinion in County of Maui, Hawaii v. Hawaii Wildlife Fund, No. 18-260, 140 S. Ct. 1462, 590 U.S. ___ (2020), a case which pitted environmental groups ... The County of Maui appealed the Ninth Circuit's decision and argued that the CWA's permittingJan 11, 2021 · The U.S. Supreme Court, in its groundbreaking decision last year in County of Maui, Hawaii v.Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), ruled that the Clean Water Act (CWA) requires a permit for a point source discharge through groundwater to navigable waters under certain circumstances and it established a new standard likely to see significant interpretation by regulatory authorities ... Hawaii Wildlife Fund concerning Clean Water Act ("CWA") jurisdiction over discharges to groundwater. 1 Maui involved a discharge to groundwater that ultimately discharged into the Pacific ...hawaii wildlife fund et al 05/13/2020 05/04/2020 [Excerpt from Memo of Amanda Kellar, Deputy General Counsel, International Municipal Lawyers Association (IMLA)]

LII note: the oral arguments in County of Maui, Hawaii v. Hawaii Wildlife Fund (No. 18-260) are now available from Oyez. The U.S. Supreme Court has now decided County of Maui, ... Norman A. Dupont: County of Maui v. Hawai'i Wildlife Fund: A Preview of the Supreme Court's Review of Clean Water Act Jurisdiction over Groundwater, ABA (May 10 ...

Hawaii Wildlife Fund. County of Maui v. Hawaii Wildlife Fund, 590 U.S. ___ (2020) Docket No. 18-260. Granted: February 18, 2019. Argued: November 5, 2019. Justia Summary. Maui’s wastewater reclamation facility collects sewage, partially treats it, and daily pumps around four million gallons of treated water into the ground through four wells.

All parties agree that the wastewater enters 8 COUNTY OF MAUI v. HAWAII WILDLIFE FUND. THOMAS, J., dissenting. groundwater from the wells and does not directly enter nav-igable waters. Based on these undisputed facts, there is no “discharge,” so I would reverse the judgment of the Ninth Circuit. I respectfully dissent.Honua Kai Maui Resort is a luxurious vacation destination that offers breathtaking ocean views and exceptional amenities. Located on the beautiful Kaanapali Beach in Lahaina, Hawaii, this resort is perfect for those who want to enjoy a rela...Aug 7, 2023 · This memorandum rescinds the guidance document entitled “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,” which was signed on January 14, 2021. 86 Fed. Reg. 6,321 (January 21, 2021). 1 County of Maui v. Haw. Wildlife Fund, 140 S. Ct. 1462, 1468 (2020). 2 A point source is defined as “any discernible, confined and discrete conveyance.” 33 U.S.C.S. § 1362(14) (LexisNexis 2021). 3 County of Maui, 140 S. Ct. at 1468. 4 Id. at 1476–77. 5 See Rapanos v. United States, 547 U.S. 715 (2006) (plurality opinion) (considering ...The panel held that the County was liable under the Act because it discharged pollutants from a point source, the HAWAI'I WILDLIFE FUND V. CTY. OF MAUI 3 pollutants were fairly traceable from the point source to a navigable water such that the discharge was the functional equivalent of a discharge into the navigable water, and the pollutant ...The issue in County of Maui v. Hawaii Wildlife Fund, one which had long divided the lower courts, was this: everyone agrees that the Clean Water Act regulates, and requires National Pollution Discharge Elimination System (NPDES) permits for, the discharge of pollutants to waters of the United States from point sources; and everyone agrees that ...In County of Maui v. Hawaii Wildlife Fund, the Supreme Court spelled out—albeit with substantial ambiguity—the circumstances under which the CWA can be used to regulate pollution that is discharged to groundwater from a point source. The Court held that the CWA requires a federal permit where a discharge to groundwater is the “functional ...

Record received from the U.S.D.C. of Hawaii is electronic and located on PACER, with the exception of electronically filed Sealed documents. Oct 03 2019: Letter of respondents Hawai'i Wildlife Fund, et al. filed. Oct 04 2019: Letter of petitioner County of Maui, Hawaii filed. Oct 10 2019: Letter of petitioner County of Maui, Hawaii filed. Nov ...County of Maui versus the Hawaii Wildlife Fund. Mr. Lin. ORAL ARGUMENT OF ELBERT LIN. ON BEHALF OF THE PETITIONER: MR. LIN: Mr. Chief Justice, and may it please the Court: This case is not about whether the releases from Maui's underground injection wells should be regulated at all but how. They are already regulated under several existing stateThe court grants the summary judgment motion filed by Plaintiffs Hawaii Wildlife Fund, Sierra Club, Surfrider Foundation, and West Maui Preservation …Petitioner County of Maui, Hawaii Respondent Hawaii Wildlife Fund Docket No. 18-260 Decided By Roberts Court Lower Court United States Court of Appeals for the Ninth Circuit Citation 590 US _ (2020) Granted February 19, 2019 Argued November 06, 2019 Decided April 23, 2020 Lisa Soronen. June 4, 2019. In County of Maui, Hawaii v. Hawaii Wildlife Fund, the Supreme Court will decide whether groundwater is subject to National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA). The State and Local Legal Center (SLLC) filed an amicus curie brief arguing that it ...application of the U.S. Supreme Court's 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui).1 As a result of the Maui ruling, a range of activities—from stormwater management systems, wastewater management systems such as drain fields, and leaking infrastructure such as storage tanks or impoundments that

In County of Maui v. Hawai‘i Wildlife Fund , the Supreme Court considered whether the Clean Water Act requires a permit for the discharge of a pollutant from a …

Next fall, the Supreme Court is scheduled to hear oral argument in County of Maui v.Hawaii Wildlife Fund, a major environmental case concerning the scope of the Clean Water Act.Depending on how ...NFIB amicus brief asks for reversal of lower court decision. The U.S. Supreme Court on Wednesday, Nov. 6, heard oral arguments in the County of Maui, Hawaii v.Hawaii Wildlife Fund case, which NFIB filed an amicus brief in support of reversing a lower court decision.. Writing in Real Clear Politics, Karen Harned, executive director of the NFIB Small Business Legal Center, called the decision ...Sep 16, 2021 · Accordingly, EPA conducted a review of the Maui guidance. In April 2020, the Supreme Court issued its opinion in County of Maui v. Hawaii Wildlife Fund, addressing the question of whether a Clean Water Act NPDES permit is required for releases of pollutants from a point source to a jurisdictional water through groundwater. 140 S.Ct. 1462 (2020 ... Accordingly, EPA conducted a review of the Maui guidance. In April 2020, the Supreme Court issued its opinion in County of Maui v. Hawaii Wildlife Fund, addressing the question of whether a Clean Water Act NPDES permit is required for releases of pollutants from a point source to a jurisdictional water through groundwater. …County of Maui v. Hawaii Wildlife Fund Your name/ Your company dd/mm/yyyy The Case What event triggered the initial court case? Who was involved? What are the facts of the case? How the Case worked through the Court System: Court System Functions Progress Federal Level Project 1Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. No. 18-260. COUNTY OF MAUI, HAWAII, PETITIONER v.On July 15, 2021, the Hawaii' federal district court became the first court to publish an opinion utilizing the functional equivalent analysis ("FEA") established by the Supreme Court of the United States last year in the County of Maui v. Hawaii' Wildlife Fund (2020).

See full list on law.cornell.edu

On July 15, 2021, the Hawaii' federal district court became the first court to publish an opinion utilizing the functional equivalent analysis ("FEA") established by the Supreme Court of the United States last year in the County of Maui v. Hawaii' Wildlife Fund (2020).

April 23, 2020. Click here to view the opinion, which addressed the scope of the Clean Water Act’s permitting requirements. The U.S. Court of Appeals for the Ninth Circuit had …County of Maui, Hawaii v. Hawaii Wildlife Fund. ... Baltimore Gas & Elec. Co v. NRDC, 462 U.S. 87, 105 (1983) What is the typical length for an EA? 10-15 Pages / 100-150 Pages. ... It has also planned precise mitigation measures to offset the harm to wildlife and the environment, compensating for it with nearby wildlife preserves, extra ...2022] County of Maui v. Hawaii Wildlife Fund 553 the Court’s decision in County of Maui does create a broad rule, it is the right decision by the Court to ensure States’ rights and …Court's recent Clean Water Act (CWA) decision in County of Maui v. Hawaii Wildlife Fund, No. 18-260 (U.S. Apr. 23, 2020). These entities may now face both governmental and private suits if they fail to obtain a National Pollutant Discharge Elimination System (NPDES) permit from state or federal authorities—even though they are notOct 7, 2019 · The opinions collected here are those issued during October Term 2019 (October 07, 2019, through October 04, 2020). Opinions are posted on the website upon release in slip opinion format. Slip opinions remain posted until replaced with opinions edited to reflect the usual publication style of the United States Reports, including final ... 16 juil. 2021 ... The decision in Hawaii Wildlife Fund v. County of Maui is the first major ruling since the Supreme Court took up the case last year. It ...Hawaii Wildlife Fund v. Cty. of Maui, 24 F. Supp. 3d 980, 998 (D. Haw. 2014). The Ninth Circuit affirmed but applied a different standard, holding that a permit is required where "the pollutants are fairly traceable from the point source to the navigable water such that the discharge is the functional equivalent of a discharge into the ...HAWAI`I WILDLIFE FUND, a Hawaii non-profit corporation; SIERRA CLUB-MAUI GROUP, a non-profit corporation; SURFRIDER FOUNDATION, a non-profit corporation; and WEST MAUI PRESERVATION ASSOCIATION, a Hawaii non-profit corporation, Plaintiffs, v. ... The County of Maui operates the LWRF, a wastewater treatment facility approximately three miles ...of the United States Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020) (“Maui”), on a case by case basis, in the Clean Water Act (CWA or the Act) Section 402 National Pollutant Discharge Elimination System (NPDES) permit program.2. The Maui decision outlines sevenAug 7, 2023 · This memorandum rescinds the guidance document entitled “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,” which was signed on January 14, 2021. 86 Fed. Reg. 6,321 (January 21, 2021).

The case, County of Maui v. Hawaii Wildlife Fund, No. 18-260, concerned a wastewater treatment plant on Maui, Hawaii, that used injection wells to dispose of some four million gallons of treated ...WASHINGTON — EPA has rescinded a guidance document issued in the final days of the Trump Administration that blatantly misinterpreted the Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund. “This hastily-issued guidance document allowed polluters more leeway than either the Maui decision or the Clean …That question is at the root of County of Maui v. Hawaii Wildlife Fund, which the Supreme Court agreed today to hear. PLF has filed a friend-of-the-court brief in this case. This case is about whether the Clean Water Act regulates pollution that reaches surface water by means of groundwater. If it does, as the Ninth Circuit Court of Appeals ...Instagram:https://instagram. long tragic stories nyt crosswordcreating a workshopalcohol laws in kansaschihee hammock chair Court's recent Clean Water Act (CWA) decision in County of Maui v. Hawaii Wildlife Fund, No. 18-260 (U.S. Apr. 23, 2020). These entities may now face both governmental and private suits if they fail to obtain a National Pollutant Discharge Elimination System (NPDES) permit from state or federal authorities—even though they are notLanguage links are at the top of the page across from the title. zillow springville iowaploughshares into swords Apr 27, 2020 · Hawaii Wildlife Fund v. Cty. of Maui, 24 F. Supp. 3d 980, 998 (D. Haw. 2014). The Ninth Circuit affirmed but applied a different standard, holding that a permit is required where "the pollutants are fairly traceable from the point source to the navigable water such that the discharge is the functional equivalent of a discharge into the ... outlining is important to public speaking because Hawaii Wildlife Fund v County of Maui + Follow. Sackett + Follow. Sackett v EPA + Follow. SCOTUS + Follow. Waters of the United States + Follow. West Virginia v EPA + Follow. Civil Procedure ...Resolution 19-158, adopted September 20, 2019, authorizing settlement: https://tinyurl.com/Reso19-158. Briefs and other documents filed with the U.S. Supreme …