Supreme Court’s Questions Could Scramble Strategy in Water Case

Unexpected dynamics in a Nov. 6 Supreme Court oral argument might add pressure for parties to settle a high-stakes water pollution case, but the mayor of the Hawaii county involved in the dispute says that’s not an option.

Several of the court’s conservative-leaning justices asked questions during the argument that indicate they may not see the litigation through a strictly ideological lens.

The case, County of Maui v. Hawai’i Wildlife Fund, asks whether Clean Water Act permits are required for pollution that passes through groundwater or another intermediary before reaching a ...