Maui v. Hawaii Wildlife Fund: How the Supreme Court’s Ruling Affects Regulation Under the Clean Water Act

On April 23, the U.S. Supreme Court issued an opinion in County of Maui v. Hawaii Wildlife Fund that found a point source discharge of pollutants into groundwater, that then reaches navigable waters, is regulated under the Clean Water Act. Writing for the Court's majority, Justice Stephen Bryer said the Clean Water Act requires a permit "if the addition of the pollutants through groundwater is the functional equivalent of a direct discharge from the point source into navigable waters."

Three current and former Duke Law School faculty members—Michelle Nowlin, Steve Roady, and Shannon Arata—submitted an amicus brief supporting the eventual majority opinion. Hear from all three about the details of the case and the potential effects of the ruling on how the Clean Water Act is applied going forward.

This webinar was co-sponsored by Duke University's Nicholas Institute for Environmental Policy Solutions and the Duke Environmental Law and Policy Clinic. A video will be available soon.

View the webinar recording

Michelle Nowlin is co-director of the Duke Environmental Law and Policy Clinic. She supervises clinic students from the Law School and the Nicholas School of the Environment and co-teaches the seminar portion of the clinic. Since joining the Clinic faculty in 2008, Nowlin has worked with students on a range of matters, including the development of a precedent-setting settlement with the state of North Carolina to protect endangered sea turtles, filing an amicus curiae brief with the U.S. Supreme Court on behalf of low-wealth communities challenging mountaintop-removal mining practices, collaborating with community partners for innovative approaches to reduce marine debris, and crafting measures to protect children from lead poisoning hazards.

Steve Roady holds appointments as a Professor of the Practice of Law at Duke Law School, a Faculty Fellow at Duke’s Nicholas Institute for Environmental Policy Solutions, and a Professor of the Practice for Marine Science and Conservation at the Duke Nicholas School of the Environment. His current research examines ways to protect air and water quality, and to manage natural resources sustainably—including the resources of the deep seabed.

Shannon Arata is a former Staff Attorney at the Duke Environmental Law and Policy Clinic, currently of Calhoun, Bhella & Sechrest, LLP. Arata holds a B.S. in Environmental Policy Analysis & Planning from the University of California at Davis and a J.D. from Duke Law School. She is a member of the North Carolina Environmental Management Commission.