Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters. In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are confident that the statute Congress enacted excludes some waters, and groundwaters are a logical candidate.” In a more recent case involving seeps from unlined coal ash pits at a retired coal-fired power plant, which allegedly migrated through ...
Summary of County of Maui, Hawaii v. Hawaii Wildlife Fund, et al.
No. 18-260, Argued 1/6/2019, Decided 4/23/2020)
Petitioner, County of Maui (“Maui”), operates a wastewater reclamation facility that partially treats water from the surrounding area, then releases roughly 4 million gallons of treated water into the ground through four wells. The effluent travels through ground water for one-half mile to the Pacific Ocean.
In 2012, environmental groups sued under the citizen suit provisions of the Clean Water Act (“Act”), alleging that Maui was “discharge[ing]” a ...
