U.S. Supreme Court Issues a Major Ruling on NPDES Permits

Abstract

On April 23, 2020, the United States Supreme Court issued a significant decision regarding when National Pollution Discharge Elimination System (NPDES) permits are needed for “point source” discharges under the Clean Water Act. The Clean Water Act forbids “any addition” of any pollutant from “any point source” to “navigable waters” without an appropriate permit from the United States Environmental Protection Agency (EPA).

The Supreme Court’s decision stemmed from a citizens’ lawsuit filed by several environmental groups against the County of Maui, Hawaii. Maui operates a wastewater reclamation facility that collects sewage from the surrounding area, partially treats it, and pumps the treated water through four wells hundreds of feet underground. This effluent, which amounts to about four million gallons a day, then travels approximately one-half mile through groundwater to the Pacific Ocean. The environmental groups claimed that Maui has been discharging a pollutant to “navigable waters,” namely, the Pacific Ocean, without an NPDES permit required by the Clean Water Act.