Managing Stormwater Within the Functional Equivalent Framework

Stormwater is managed to prevent flooding and reduce the water quality impacts of discharging stormwater to surface water. Infiltrating stormwater into the subsurface is a common stormwater management method that is effective at decreasing stormwater runoff but can transfer that stormwater to groundwater. The 2020 Supreme Court of the United States decision in the case of Hawaii Wildlife Fund et al. vs. County of Maui ruled that the functional equivalent of a point source discharge to a Water of the United States (WOTUS) are subject to regulation under the Clean Water Act (CWA). Engineered stormwater infiltration methods may be subject to regulation under the CWA if they result in functional equivalent of a direct discharge to a WOTUS. Human health and the environment will benefit as the courts side with holistic management within the water cycle.