Supreme Court News

The Court focused on what it said was "a critical point in the case"-namely, that the district court had granted relief that was not requested by plaintiffs in their filings, and in a way that would have "fundamentally alter[ed] the nature of the election." [...]the Court expressed concern about "the integrity of the election process" if information about the election results was released during the extended absentee voting period. Judicial Review of Agency Action Clean Water Act (and Chevron Waiver?) The County of Maui owns a wastewater treatment plant. The citizen plaintiffs alleged that the discharge of effluent into the ocean, via groundwater, violates the Clean Water Act (CWA). On April 23, 2020, the Court decided County of Maui v. Hawaii Wildlife Fund, No. 18-260, holding that the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater, provided the addition of those pollutants is "the functional equivalent of a direct discharge." Because the Ninth Circuit applied a different test-focusing on whether the pollutant was "fairly traceable" to the point source-the Court remanded the case with instructions to apply the "functional equivalent" test.