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High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

by Anthony W. Merrill Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s decision may drastically redefine the scope of the CWA, impacting permitting across the country. The potential implications for regulated parties […]

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

by Mark D. Johnson On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through groundwater to a “navigable water.” In Hawai’i, the Court found that underground injection wells […]

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