BB&K In the News Dec 04, 2018

Partner Andre Monette Discusses SCOTUS Clean Water Act Question with Law360

Invitation to Solicitor General for Opinion is Encouraging, He Says

Partner Andre Monette Discusses SCOTUS Clean Water Act Question with Law360

Best Best & Krieger LLP Partner Andre Monette was interviewed by Law360 regarding the U.S. Supreme Court’s invitation to the solicitor general to opine on whether the Clean Water Act applies to pollution discharged into groundwater that reaches U.S. waters.
The question stems from two petitions before it, including one out of the Ninth Circuit U.S. Court of Appeals in County of Maui v. Hawaii Wildlife Fund et al. Andre and two other BB&K attorneys, Shawn Hagerty and Rebecca Andrews, represented a coalition of interested parties as amici counsel before the Ninth Circuit, which ultimately sided with environmentalists and found that the CWA prohibits the injection of treated waste water into wells hydrologically connected to the Pacific Ocean without a permit.
Andre told Law360 he was pleased that Supreme Court is taking an interest in the case and asked the U.S. government to weigh in.
“Our coalition members feel strongly that the Ninth Circuit decision in the Maui case was wrongly decided and that it needs to be reversed to protect the interests of public agencies across the West, and to the extent the case is used as persuasive authority, across the country. We are hopeful that the Court will grant cert in one or both cases,” Monette told Law360.
Read the entire article in Law360, published Dec. 3, here (subscription required).

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