In what is expected to be a significant and possibly controversial development in environmental law, the Environmental Protection Agency (EPA) is reportedly set to release its guidance in response to the Supreme Court’s decision in the landmark Hawaiian Wildlife Fund v. Maui case.
According to an article on JD Supra, Sam Hess of Inside EPA was privy to an August presentation by an EPA official at the Association of Clean Water Administrators’ Annual Meeting. Details of the announcement indicate that the EPA has already drafted guidance, following the Supreme Court’s ruling with respect to environmental protection regulations.
The Maui decision, as it is known in legal and environmental circles, turned the tables on prior views of the Clean Water Act’s jurisdiction. The interpretation of the Act’s assertion that ‘discharges into navigable waters’ covers, not just direct conduits of pollutants, but also indirect transfers through groundwater, presents challenges and opportunities for law firms and corporate legal departments dealing with environmental issues.
While it is clear that the repercussions of this upcoming EPA document will have a far-reaching impact, it seems we may need to temper our expectations. Several experts have expressed doubts over how much clarification the imminent EPA guidance can provide given the complexity of the Maui judgment and the broad-reaching implications it has for pollution regulation.
Whether this EPA response to the Maui decision will effect significant shifts in regulatory behavior and legal proceedings remains a considerable point of interest in the field of environment law and beyond. The legal community will be eagerly watching the developments around this matter.