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Reading tea leaves is hard enough in clear water — but discerning outcomes amid murky wastewater is near impossible.
Much remains uncertain in Maui County’s weighty wastewater case, argued Wednesday before the U.S. Supreme Court. Observers noted that justices’ questions seemed to favor the environmentalists, not Maui County’s injection-well practices. But anything is possible before the high court rules, expected around June. Settlement, perhaps?
The case: Four community groups contend that Maui County needed to obtain an environmental permit to discharge treated wastewater from its Lahaina Wastewater Treatment Plant into underground injection wells. Studies indicate sewage seepage via groundwater into the ocean was damaging coral reefs and marine life. Two lower courts have ruled for the groups, but the county has staunchly fought the case.
As consequential as this case is for Maui County, it holds hefty implications nationwide. Many are rightly concerned that if the court rules in favor of the county, it could weaken the federal Clean Water Act.
It’s concerning that Maui Mayor Mike Victorino chose to continue grieving this case, seeking “clarity.” After all, Maui’s County Council voted last month to settle — a move that would’ve ended litigation and put Maui on a corrective path that won’t come cheap but should begin nevertheless. Coming to terms and timetables to phase in more sound recycled-water practices — as Victorino committed to do — would’ve been the prudent course.
Now, even if Maui wins the Supreme Court ruling, the nation stands to lose. It’s telling that among those filing amicus briefs backing Maui County were entities such as the American Petroleum Institute and the National Mining Association.