(WESTERVILLE, OH — April 24, 2020) “While today’s ruling came as a disappointment, we respect the Supreme Court’s decision on this matter. We maintain that states should have the right to manage their groundwater and we are interested in exploring legislative avenues to bring clarity to this issue. Today’s SCOTUS decision clearly indicates there is more work to be done.”

Last year, the National Ground Water Association (NGWA) and the Water Systems Council (WSC) filed an amici curiae (friends of the court) brief in the Maui County v. Hawai’i Wildlife Fund case arguing the release of pollutants by Maui County is covered by the nonpoint source provisions contained in 33 U.S.C. § 1329 of the Clean Water Act. At issue was whether releases of contaminants into groundwater, which eventually make their way to navigable waters, require a National Pollution Discharge Elimination System (NPDES) permit. Given the possible ramifications for the groundwater industry, WSC and NGWA filed the joint amici curiae brief in the case, arguing in part that states are regulating, and are the appropriate government entities to regulate, groundwater.

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The National Ground Water Association is a not-for-profit professional society and trade association for the global groundwater industry. Our members around the world include leading public and private sector groundwater scientists, engineers, water well system professionals, manufacturers, and suppliers of groundwater-related products and services. The Association’s vision is to be the leading groundwater association advocating for responsible development, management, and use of water.