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Posted on: April 23, 2020

U.S. Supreme Court ruling sends Maui County’s Lahaina injection well case back to lower court

Mayor Michael Victorino issued the following statement today on the U.S. Supreme Court’s ruling on the Lahaina injection well case:

“This ruling is a step toward the clarity we have advocated for. The Supreme Court agreed with the County of Maui that the 9th Circuit ruling was too broad and could possibly affect millions of homeowners with septic systems.

The Supreme Court also confirmed that discharges to groundwater are the responsibility of the states, which allows us to address this problem at a local level.

The court reversed the 9th Circuit ruling and sent the case back to the lower court. What this means for Maui County is – as we have said all along – that the County has and will continue to work with our state regulators to follow the rules and regulations as Congress set them out.

It is important to note that the Court did not rule that the County needs an NPDES permit. It set up factors for agencies to consider in determining whether a permit is required. We look forward to further clarity from our local regulators and working collaboratively to protect our waters.”

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