In this conversation, Josh Migdal and Jordan Nadel discuss their efforts to make an impact through litigation. They are working with a nonprofit named Folks in an Action to bring a groundbreaking case against the City of Marathon in Florida. The case centers around whether the city’s disposal of waste through an improper sewage system violates the Clean Water Act. They mention a recent Supreme Court decision that allows considering a “functional equivalent” to direct discharge into water bodies. Jordan explains that the city’s use of a shallow well system to treat wastewater is legally equivalent to direct discharge due to the pollutants it introduces into Florida Keys’ waters. Josh highlights the case’s technical and scientific complexity, revealing that the city’s decision to use the system was driven by cost considerations despite the porous nature of Florida’s ground.
