The Supreme Court's Murky Functional Equivalence Test for Clean Water Act Jurisdiction

We're approaching the first anniversary of the Supreme Court's Maui decision in which the Court answered a yes or no question - - does the Federal Clean Water Act apply to discharges to groundwater -- maybe.   Courts are beginning to try to make sense out of the Court's seven factor test and the only thing for sure so far is that there is going to be a lot more litigation before we arrive at a hard and fast rule.