EE News by Ellen M. Gilmer 4/29/2019
The biggest environmental case on the Supreme Court's docket in years might not happen after all.
Earthjustice confirmed to E&E News today that it made a settlement offer last week to Maui County in closely watched litigation over the scope of the Clean Water Act.
"I think, as in all things settlements, nothing's happened until it happens," attorney David Henkin said. "We certainly have been trying to work with the county since 2008, since four years before we brought the litigation, to try and get the county to focus on addressing the harm to the environment."
At issue in the case is Maui County's process of pumping wastewater into underground injection wells, where the waste can migrate into groundwater and land in the Pacific Ocean. Hawai'i Wildlife Fund and other local environmental groups represented by Earthjustice sued the county in 2012 for operating the wells without Clean Water Act permits to account for the ocean impacts.
The question for the court: Does the Clean Water Act apply to pollution that moves through groundwater before reaching a federally regulated waterway? The answer affects everything from wastewater wells and coal ash ponds to pipeline ruptures and sewer systems.
More:
https://www.eenews.net/stories/1060241957
