Analysis

Groundwater Comments May Bolster EPA Legal Defense

Law360 (March 7, 2018, 11:01 AM EST) -- The U.S. Environmental Protection Agency is seeking input on whether facilities that pollute groundwater are required to have Clean Water Act permits, after years of taking a case-by-case approach, and experts say the feedback could help form the backbone of a defense against legal challenges that would almost certainly follow any new rule-making.

In a request for comment published in the Federal Register last month, the EPA asked whether pollutant discharges that reach "waters of the United States" via groundwater may be subject to CWA regulation, specifically the National Pollutant Discharge Elimination System.

"Waters of the U.S." is the term used...

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