This case, initiated in 2012, brings environmental organizations into conflict with county authorities. Craft brewers and various business groups, some located thousands of miles from Hawaii, are taking sides in this debate. For the brewers, the quality and consistency of the water that forms the basis of their products are of utmost importance. They argue that any alteration to the water could render their beer unpalatable in no time. According to CNBC, excessive sulfates can make the beer acidic, while too much chlorine can impart a flavor reminiscent of aspirin. Additionally, harmful bacteria can spoil an entire batch, and other water quality issues can affect the foam pattern and shelf life, as reported by the business network.
Craft brewers have significant stakes in this legal battle. Their segment shines as a bright spot in the current beer market, with retail sales increasing by 7% last year to reach $27.58 billion, as stated by the Brewers Association, which represents over 4,800 small and independent brewers in the U.S. This accounted for a 24.1% share of the overall $114.2 billion beer industry last year, while the market as a whole experienced a 1% decline in volume. Continuing this positive trend, craft beer sales rose by 2.9% from January to mid-July of this year, according to IRI.
This relative success has attracted the attention of major beer companies looking to acquire craft breweries. For instance, Anheuser-Busch InBev purchased Ohio-based Platform Beer over the summer for an undisclosed amount, adding to its collection of a dozen craft brands. Similarly, Boston Beer Co., the maker of Sam Adams, acquired Dogfish Head Brewery in Delaware for $300 million this past spring.
Although the 60 craft breweries that joined the amicus brief in the Maui case represent brewers from across the nation, nearly all of them cater exclusively to their local markets. Only two—employee-owned New Belgium Brewing Co. from Fort Collins, Colorado, and founder-owned Sierra Nevada Brewing Co. from Chico, California—have established national reputations.
It remains unclear how the case will unfold, particularly with uncertainty surrounding Maui County’s potential for settlement. If the arguments proceed on November 6, the plaintiffs’ lawyers will need to persuade the nine justices that groundwater quality will suffer in significant ways if the county operates without a federal permit. Maui County has faced losses in two lower courts, which could set a precedent that influences the high court’s decision. However, today’s court has a more conservative lean than in previous years, and since this case pertains to the Clean Water Act—a law opposed by the Trump administration—the outcome is unpredictable.
Moreover, a key aspect of the discussion involves the presence of calcium carbonate in the water, which is the same as calcium. The implications of this chemical on water quality could further complicate the brewers’ arguments regarding the integrity of their products. As they emphasize the importance of water quality, the role of calcium carbonate, whether too low or too high, may significantly impact their brewing processes, making it a critical point in this ongoing legal dispute.