Analysis

9th Circ. Ruling Broadens Reach Of CWA Pollution Liability

Law360, New York (February 1, 2018, 8:05 PM EST) -- The Ninth Circuit on Thursday said that wastewater injections whose pollution reaches navigable U.S. waters via groundwater are subject to Clean Water Act permitting requirements, a decision experts say expands the scope of CWA liability to potentially ensnare activities ranging from coal ash and pipeline spills to agricultural runoff.

Upholding a lower court ruling that Maui County, Hawaii, violated the CWA in allowing pollutants from four wastewater injection wells to eventually seep into the Pacific Ocean, a Ninth Circuit panel held that the injections constituted "point source" discharges that were subject to the CWA's National Pollutant Discharge Elimination System permitting requirements...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!