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Split of Authority Groundwater

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

Womble Bond Dickinson

Supreme Court Shows Apparent Interest in Reviewing “Hydrologic Connection” Theory of Clean Water Act Liability

Womble Bond Dickinson on

The US Supreme Court may be poised to review two 2018 decisions in the Fourth and Ninth Circuits, both of which applied the so-called ‘hydrological connection” theory to extend jurisdiction of the Clean Water Act (“CWA”) to...more

Akin Gump Strauss Hauer & Feld LLP

Dipping Its Toe in the Groundwater? Supreme Court Eyes Expedited Review for Clean Water Act Case

On December 3, 2018, the Supreme Court of the United States issued an order requesting the Solicitor General to weigh in on a case related to the legal status of some types of groundwater. The catch? The Court’s order comes...more

Bradley Arant Boult Cummings LLP

The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues

Last week the Sixth Circuit took a big step to extend its reputation as one of the most class-friendly circuits in the country. In Martin v. Behr Dayton Thermal Prods. LLC, Judge Jane Stranch, writing for a unanimous panel,...more

Best Best & Krieger LLP

California Appellate Court Holds Groundwater Pumping Fees are Property-Related Fees Subject to Prop. 218

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Decision Conflicts with a Separate Appellate Court Decision to be Considered by the California Supreme Court - In Great Oaks Water Company v. Santa Clara Valley Water District, originally issued March 26, the Sixth...more

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