Morgan Lewis partner Duke McCall spoke with E&E News about the US Supreme Court’s decision in County of Maui v. Hawai'i Wildlife Fund, which is expected to usher in a new era of regulatory uncertainty for companies navigating the Clean Water Act. In the article, he discussed some of the key issues raised by the decision. "The question of what constitutes the 'functional equivalent of a direct discharge' thus is likely to be a question of significant future litigation and debate," said Duke. "Just as the question of what constitutes a 'navigable water' has proven to be."
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