Bloomberg Law
April 27, 2020, 2:37 PM

Lawyers See Maui Opinion as Grounds to Challenge Trump Water Rule

Amena H. Saiyid
Amena H. Saiyid

The Supreme Court’s lack of deference to the EPA’s view of Clean Water Act protections could be fodder for upcoming challenges to the Trump administration’s new water jurisdiction rule, attorneys say.

The Supreme Court in Cty. of Maui v. Hawai’i Wildlife Fund last week rejected the Environmental Protection Agency’s narrow reading of the Clean Water Act.

The EPA has maintained that Clean Water Act permits are only required for discharges from a pipe or other conduit into federally protected waters. But in a 6-3 opinion, the court said the law requires a permit for any “functional equivalent of a direct ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.