Solicitor General Brief in Maui Injections Well Case
Filed in US Supreme Court, Case #18-260, Jan 3, 2019
This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. In the view of the United States, the petition for a writ of certiorari in No. 18-260 (Co of Maui v Hawaii Wildlife Fund) should be granted, limited to the first question presented in that petition—namely, whether a “discharge of a pollutant,” 33 U.S.C. 1362(12)(A), occurs when a pollutant is released from a point source, travels through groundwater, and ultimately migrates to navigable waters.
The petition for a writ of certiorari in No. 18-268 (Kinder-Morgan v Upstate Forever) should be held pending the Court’s disposition of the petition in No. 18-260 (Co of Maui v Hawaii Wildlife Fund).
read … BRIEF FOR THE UNITED STATES AS AMICUS CURIAE
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