No. 18-260 IN THE Supreme Court of the United States ———— COUNTY OF MAUI, Petitioner, v. HAWAI‘I WILDLIFE FUND; SIERRA CLUB - MAUI GROUP; SURFRIDER FOUNDATION; WEST MAUI PRESERVATION ASSOCIATION, Respondents. ———— On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit ———— BRIEF FOR PETITIONER ———— COUNTY OF MAUI HUNTON ANDREWS KURTH LLP MOANA M. LUTEY ELBERT LIN RICHELLE M. THOMSON Counsel of Record 200 South High Street MICHAEL R. SHEBELSKIE Wailuku, Maui, Hawai‘i 96793 951 East Byrd Street, East Tower (808) 270-7740 Richmond, Virginia 23219
[email protected] (804) 788-8200 COLLEEN P. DOYLE DIANA PFEFFER MARTIN 550 South Hope Street Suite 2000 Los Angeles, California 90071 (213) 532-2000 Counsel for Petitioner May 9, 2019 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 i QUESTION PRESENTED In the Clean Water Act (CWA), Congress distin- guished between the many ways that pollutants reach navigable waters. It defined some of those ways as “point sources”—namely, pipes, ditches, and other “discernible, confined and discrete conveyance[s] … from which pollutants are or may be discharged.” 33 U.S.C. § 1362(14). The remaining ways of moving pollutants, like runoff or groundwater, are “nonpoint sources.” The CWA regulates pollution added to navigable waters “from point sources” differently than pollution added “from nonpoint sources.” It controls point source pollution through permits, e.g., id. § 1342, while nonpoint source pollution is controlled through federal oversight of state management programs, id. § 1329. Nonpoint source pollution is also addressed by other state and federal environmental laws. The question presented is: Whether the CWA requires a permit when pollu- tants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater.