An Update on County of Maui v. Hawaii Wildlife Fund
Written by Kelly Coulon, P.E. of Roux and Maggie Macdonald of Sive, Paget & Riesel
The 2020 court case, County of Maui v. Hawaii Wildlife Fund, was pivotal in refining how pollutant discharges to groundwater and subsequently to waters of the United States (WOTUS) are regulated. Subsequent cases and administrative policy changes have added uncertainty to the very definition of WOTUS and requirements for water and wastewater treatment facilities. Facilities would be wise to stay current on WOTUS-related developments and consider engaging an expert to help determine whether the shifting regulatory landscape could result in additional compliance obligations based on facility-specific facts.
In this article, Kelly Coulon, P.E., Principal Engineer at Roux and Maggie Macdonald, Principal at Sive, Paget & Riesel, combine their scientific and legal expertise to review who must evaluate "functional equivalence," how the court has interpreted the County of Maui case in the past two years, and what to expect of future rulings.
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