Hawai'i Wildlife Fund v. Cnty. of Maui

Before: Mary M. Schroeder, Dorothy W. Nelson, and M. Margaret McKeown, Circuit Judges.

ORDER AND AMENDED OPINION

*741The 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 sister circuits have concluded groundwater is a navigable water.> See Rice v. Harken Expl. , 250 F.3d 264, 270 (5th Cir. 2001) ; Vill. of Oconomowoc Lake v. Dayton Hudson Corp. , 24 F.3d 962, 965 (7th Cir. 1994). We are not suggesting that the CWA regulates all groundwater.…