The Supreme Court’s County of Maui decision

Presented by the Environmental Law Section

The Supreme Court’s County of Maui decision – what it means and what’s next


Date Wednesday, June 24, 2020
Program 2:30 - 3:45 p.m.
MCLE 1 Hour


Rick Frank
Director, California Environmental Law & Policy Center
U.C. Davis School of Law

Samuel Brown
Partner, Hunton Andrews Kurth, LLP

Adam Link
Executive Director, California Association of Sanitation Agencies


Karen Donovan
SF Bay Conservation and Development Commission

In its recent County of Maui decision, the U.S. Supreme Court held that the Clean Water Act requires an NPDES permit for direct discharges or “when there is the functional equivalent of a direct discharge.” The opinion gave some guidance on the factors to be considered but noted that these determinations will be case-specific. In this panel, the speakers will discuss the decision and the factors set forth by the Court, as well as the level of uncertainty created by the Court’s decision. Attorneys can tune into this discussion to learn how states, municipalities, businesses, and even individual landowners can move forward in compliance with this decision and learn what this means for projects in the Bay Area.


  • The recent County of Maui decision
  • The criteria for “functional equivalence” or “roughly similar means
  • Implementing the “functional equivalent” standard
  • What this may mean for future WOTUS challenges

Section Chair

Catherine W. Johnson, Environmental General Counsel LLP

For a printable flyer, click here.

Event Code: G202906


 Free BASF Law Student
 $35 Section Member
 $45 BASF Member
 $60 Nonmember


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A link to access the Zoom meeting will be sent in your confirmation e-mail 2 hours prior to the start of the event.



To receive MCLE credit, you must sign in during the designated MCLE registration period. This activity is approved for Minimum Continuing Legal Education credit by the State Bar of California. BASF is a certified provider: Provider #103

Special Requests 
People with disabilities should contact BASF regarding reasonable accommodations.
6/24/2020 2:30 PM - 3:45 PM
Zoom Online only, CA

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