[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
On Monday, EPA issued an Interpretive Statement concluding that point source discharges to groundwater are never subject to NPDES permitting requirements. EPA did a good job marshalling its arguments – much better than this...more
Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more
On February 1, 2018, the Ninth Circuit ruled in Hawai’i Wildlife Fund v. City of Maui that contamination that is discharged into the ground and later escapes through groundwater migration into a navigable waterway requires a...more