The Groundwater Circuit Split High Court Will Untangle
By Bradley Ennis and Susan Scaggs (August 14, 2019, 4:23 PM EDT) -- Groundwater is not specifically governed by the Clean Water Act. However, recently citizen suit plaintiffs have been making the argument that discharges that travel through groundwater and eventually end up in a water of the United States fall within the CWA's jurisdiction. In fact, one of those cases is set to be heard before the U.S. Supreme Court this November.
That case, County of Maui, comes out of the Ninth Circuit, which held that if a pollutant discharged into groundwater can be clearly traced through the groundwater into a navigable water, then the discharge falls within the jurisdiction of the CWA....
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