Energy Newsletter - May 2018

Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses -

The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the Clean Water Act (“CWA” or the “Act”) regulates discharges to groundwater that serves as a conduit between a point source and waters of the United States.

This is a critical issue for energy companies, whose operations can result in releases to groundwater through spills, accidental discharges, and seepage from ash and other retention ponds. Under the so-called “conduit” theory adopted in recent court decisions, these releases are subject to regulation under the CWA and can serve as the basis for citizen-suits when pollutants migrate through groundwater and reach jurisdictional surface waters.

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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