U.S. Supreme Court justices on Wednesday wrestled over whether a wastewater trea...
WASHINGTON - U.S. Supreme Court justices on Wednesday wrestled over whether a wastewater treatment plant in Hawaii is subject to a landmark federal law aimed at curbing water pollution in an important environmental case, with justices on both sides of the ideological divide appearing to be searching for a compromise.
The San Francisco-based 9th U.S. Circuit Court of Appeals last year found that a Clean Water Act program - one that requires property owners responsible for polluted water discharged from pipes, drains or other “point sources” to obtain federal permits - should apply to discharges from the county wastewater facility that end up in the Pacific Ocean.
Liberal Justice Stephen Breyer said that polluters could simply construct a pipe that terminates 35 feet before a river, knowing full well the polluted water would eventually reach it even if it was not conveyed directly by the pipe. Fellow conservative Justice Brett Kavanaugh said that a “clear line for the property owner is really important here” so they would know if a permit was needed.
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