search menu EPA rescinds guidance on Maui decision and discharges to groundwater October 29, 2021 Last month, the U.S. Environmental Protection Agency (EPA) rescinded a January 2021 guidance document entitled “Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program.” The rescinded memo discussed discharges to groundwater and whether a National Pollutant Discharge Elimination System (NPDES) permit is required. The agency rescinded the guidance based on their belief that it is inconsistent with the Clean Water Act and 2020 County of Maui v. Hawaii Wildlife Fund Supreme Court decision. The EPA believes that this action preserves long-standing clean-water protections. While the EPA’s Office of Water evaluates next steps, past practices guided by the Supreme Court’s decision will continue. The EPA will work with state permitting agencies and the regulatory community to provide site-specific, science-based evaluations based on the Clean Water Act permitting requirements. If you have questions about how the Maui decision may impact you, state-specific regulations, or NPDES permits, contact us at askbarr@barr.com. For more information on the Maui decision, see the following resources: EPA Rescinds Previous Administration’s Guidance on Clean Water Act Permit Requirements Releases from a Point Source to Groundwater U.S. Supreme Court issues decision related to discharges to groundwater Webinar: The Maui Case - What does the Supreme Court's recent decision mean, and what's next? Let’s work together Want to learn more? Contact us to find out more about how we can help. Contact resourceful. naturally.® Client Portal Employees © 2021 Barr Engineering Co. Privacy Policy QUICK LINKS About Barr Projects Services News + events Innovation + insights Careers SOCIAL