Take me to the river: Does the Clean Water Act regulate indirect discharges to groundwater?
Author:
Kathy Robb, Esq., Sive, Paget & Riesel
Date Published:
11/2018
Description:
The concept that indirect discharges of pollutants to navigable waters through groundwater - sometimes known as the "groundwater conduit" theory- are regulated under the Clean Water Act, 33. U.S.C.A., is not new. But the 9th U.S. Circuit Court of Appeals’ opinion in Hawaii Wildlife
Fund v. County of Maui, 886 F.3d 737 (9th Cir. 2018), and subsequent
recent circuit court decisions have sparked renewed controversy
about the regulatory reach of the CWA when groundwater is part
of the equation.
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