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(a) Statutory context limits the reach of the phrase “from any point source” to a range of circumstances narrower than that which the Ninth Circuit’s “fairly traceable” interpretation suggests. Held: The statutory provisions at issue require a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge. The Ninth Circuit affirmed, stating that a permit is required when “pollutants are fairly traceable from the point source to a navigable water.” 886 F. 3d 737, 749. 3d 980, 998, and granted summary judgment to the environmental groups. The District Court found that the discharge from Maui’s wells into the nearby groundwater was “functionally one into navigable water,” 24 F. Supp. Respondent environmental groups brought a citizens’ Clean Water Act suit, alleging that Maui was “discharg” a “pollutant” to “navigable waters” without the required permit.
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This effluent then travels about a half mile, through groundwater, to the Pacific Ocean. Petitioner County of Maui’s wastewater reclamation facility collects sewage from the surrounding area, partially treats it, and each day pumps around 4 million gallons of treated water into the ground through four wells. It then uses those terms in making “unlawful” “ ‘the discharge of any pollutant by any person’ ” without an appropriate permit. from which pollutants are or may be discharged,’ ” including, e.g., any “ ‘container,’ ” “ ‘pipe, ditch, channel, tunnel, conduit,’ ” or “ ‘well,’ ” §502(14) and defines the term “discharge of a pollutant” as “ ‘any addition of any pollutant to navigable waters from any point source,’ ” §502(12). The Act defines “pollutant” broadly, §502(6) defines a “point source” as “ ‘any discernible, confined and discrete conveyance. The Clean Water Act forbids “any addition” of any pollutant from “any point source” to “navigable waters” without an appropriate permit from the Environmental Protection Agency (EPA).