News & Analysis as of

Discharge of Pollutants Appeals Split of Authority

King & Spalding

EPA Rejects Clean Water Act “Conduit Theory”

King & Spalding on

Whether a discharge to groundwater that results in pollution of jurisdictional surface waters is regulated under the Clean Water Act (the “CWA”) is the subject of much debate, conflicting decisions from the Circuit Courts of...more

Brooks Pierce

Clean Water Act Controversy

Brooks Pierce on

A point source by any other name. Federal Courts of Appeals have recently split on the question of whether pollution of surface water via groundwater is a violation of the Clean Water Act. The U.S. Supreme Court may weigh...more

Stoel Rives - Environmental Law Blog

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

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