The court asks the question of: “Does the Clean Water Act require a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater?”

This case was argued on November 6, 2019 and the decision is still pending, making this a present day Supreme Court case!!

The Clean Water Act (CWA) requires National Pollutant Discharge Elimination System (NPDES) permits for the discharge of pollutants to navigable waters from point sources, which the CWA defines as “discernible, confined, and discrete conveyances.”

The County of Maui, Hawaii argues that pollutants that enter navigable waters through nonpoint sources, like groundwater, are too insignificant to attach liability under the Clean Water Act. The Hawaii Wildlife Fund argues against this!!