"Clean Water Act attorneys have a new permitting guidepost after the Supreme Court on Thursday struck a middle ground in a landmark case on federal water protections.
The justices in a 6-3 opinion ruled that polluters must get permits for indirect water contamination that’s the “functional equivalent” of a direct discharge into federal waterways.
The decision narrows an environmentalist-favored standard an appellate court adopted in 2018, but rejects the industry-preferred approach that would have exempted all indirect pollution from Clean Water Act permitting requirements.
Though the Supreme Court remanded the case for lower courts to apply the new standard, environmentalists are celebrating the ruling as an overwhelming victory, and industry lawyers say they’re dismayed about its potential impacts."
Ellen M. Gilmer and Amena H. Saiyid report for Bloomberg Environment April 23, 2020.
SEE ALSO:
"Supreme Court Gives Environmentalists Partial Water Law Win" (Bloomberg)
"Supreme Court: Clean Water Act Test 'Will Be Litigated For Years To Come'" (E&E News PM)
"U.S. Supreme Court Rejects Trump Bid To Limit Water Pollution Law" (Reuters)
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