The U.S. Supreme Court issued its ruling in County of Maui v. Hawaii Wildlife Fund on April 23, 2020. Until then, there was a split among the circuit courts as to whether discharges to navigable waters through groundwater are regulated under the Clean Water Act (CWA). The impact of this issue could be widespread, possibly bringing many more water-related projects into the CWA process. As a result of the Court’s decision, the issue may require additional time to proceed through the regulatory process. It could also set the stage for additional litigation over the environmental impact of a facility and thus delay construction and increase the cost.