HAWAI`I WILDLIFE FUND, a Hawaii non-profit corporation; Sierra Club — Maui Group, a non-profit corporation; Surfrider Foundation, a non-profit corporation; West Maui Preservation Association, a Hawaii non-profit corporation, Plaintiffs-Appellees,
v.
COUNTY OF MAUI, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 12, 2017, University of Hawaii Manoa.
David Y. Chung , Thomas A. Lorenzen , Kirsten L. Nathanson , and Mark Thomson , Crowell & Moring LLP, Washington, D.C., for Amici Curiae Association of American Railroads, American Farm Bureau Federation, American Iron and Steel Institute, American Petroleum Institute, National Association of Manufacturers, National Mining Association, The Fertilizer Institute, and Utility Water Act Group.
Shawn Hagerty , Andre Monette , and Rebecca Andrews , Best Best & Krieger LLP, San Diego, California; Roderick E. Walston , Best Best & Krieger LLP, Walnut Creek, California; for Amici Curiae Association of California Water Agencies, California Association of Sanitation Agencies, California State Association of Counties, International Municipal Lawyers Association, League of California Cities, National Association of Clean Water Agencies, National Association of Counties, National League of Cities, National Water Resources Association, and Watereuse Association.
Frederick H. Turner , R. Justin Smith , and Aaron P. Avila , Attorneys; John C. Cruden, Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Karyn Wendelowski , Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; for Amicus Curiae United States.
Nicholas C. Dranias , Assistant Attorney General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Amici Curiae States of Arizona, Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Nevada, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming.
Before: Mary M. Schroeder, Dorothy W. Nelson, and M. Margaret McKeown, Circuit Judges.
ORDER AND AMENDED OPINION
The Opinion filed on February 1, 2018, is amended as follows:
1. On slip opinion page 12, footnote 2, the following text was added to the end of the footnote: <Hence, it does not affect our analysis that some of our sister circuits have concluded that groundwater is not a navigable water. See Rice v. Harken Expl.,250 F.3d 264, 270 (5th Cir. 2001); Vill. of Oconomowoc Lake v. Dayton...
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