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Corona Clay Pollution Ruling Needs Redo After Maui Decision

Sept. 20, 2021, 8:18 PM

A lower court needs to reconsider its finding that Corona Clay Co. violated the terms of its water pollution permit after the U.S. Supreme Court limited the Clean Water Act’s pollution standard, the Ninth Circuit ruled Monday.

The high court found in County of Maui v. Hawaii Wildlife Fund that a release of pollutants in violation of the CWA must reach waters of the U.S. either through a direct discharge or a “functional equivalent.” This decision affected both the jury instructions and the Central District of California’s ruling against Corona Clay, according to the U.S. Court of Appeals for the ...

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