Feb. 22, 2019
Clarifying the Clean Water Act
SCOTUS has decided to hear an important 9th Circuit appeal regarding whether the Clean Water Act covers indirect discharges of pollutants. The grant allows the Court to clean up something of a muddy jurisprudence, after the last major water decision, 'Rapanos v. U.S.,' fractured the justices and left uncertainty as to which opinion controls. We present competing views from the attorney for environmental plaintiffs, David Henkin (Earthjustice), and from Andre Monette (Best Best & Krieger), who represents a cohort of public agency amici.
David L. Henkin
Staff Attorney, Earthjustice, Mid-Pacific