EPA Seeks Comments After Controversial Ninth Circuit Decision

In response to the Ninth Circuit’s recent opinion in Hawai’i Wildlife Fund v. County of Maui, the U.S. Environmental Protection Agency (“EPA”) is now seeking public comments on the proper scope of its authority under the Clean Water Act (“CWA”). In brief, the Ninth Circuit held that discharges of pollutants from a point source to navigable waters are regulated by the CWA regardless of whether the pollutant enters navigable waters directly or indirectly from another source, such as groundwater.

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