Supreme Court Water Ruling Still Vexes EPA, State Regulators

April 30, 2021, 9:29 PM

State regulators are still searching for clarity on how to apply the U.S. Supreme Court’s ruling on the scope of the Clean Water Act after Trump-era guidance left many questions unanswered.

The high court last spring ruled that the Clean Water Act’s permitting program extends to indirect pollution that’s the “functional equivalent” of a direct discharge. The language in County of Maui v. Hawai’i Wildlife Fund created headaches for regulators and companies trying to determine what’s covered.

The Trump administration issued guidance just before leaving office in January, but the document “didn’t provide a lot of detail,” Julia Anastasio, executive ...

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