‘Scary’ Litigation Anticipated After Supreme Court Water Ruling

Environmental law experts said they’re looking to federal courts and agency action to clarify a new water permitting standard the U.S. Supreme Court established last week.

But the prospect of repeated litigation over the scope of the Clean Water Act is “pretty scary,” said Hilary Meltzer, chief of the Environmental Law Division of the New York City Law Department.

“I’m really worried about litigation being the solution here,” Meltzer said Thursday during an Environmental Law Institute webinar.

The justices ruled April 23 in County of Maui v. Hawai’i Wildlife Fund that certain types of indirect water pollution require a permit ...