sboxermanFeatured Expert Column – Environmental Law and Policy

by Samuel B. Boxerman, Sidley Austin LLP with Ben Tannen, Sidley Austin LLP

In a recent decision in Hawai’i Wildlife Fund v. Cty. of Maui, Case No. 15-17447 (9th Cir. Feb. 1, 2018), the U.S. Court of Appeals for the Ninth Circuit became the first federal circuit court of appeals to hold that discharges  through groundwater to waters of the United States fall within the Clean Water Act’s jurisdiction.  Depending on how other courts of appeals decide pending cases presenting similar issues, this case could be a seminal one, ushering in an era of expanded Clean Water Act permitting requirements and citizen suits.