Bernadette M. Rappold of Greenberg Traurig.
A curious appellate court decision has Pennsylvania environmental law practitioners scratching their heads about the status of certain waterways.
No, we do not reference the U.S. Supreme Court’s latest Clean Water Act decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, __ U.S. __ (2020) from May, where six of the nine justices held that permits are required for discharges from a point source that travel through the “functional equivalent” of a conveyance through groundwater before reaching a jurisdictional, navigable “water of the United States.”
