Circuits Are Split On CWA's 'Water To Water' Regulation

Law360 (September 28, 2018, 2:48 PM EDT) -- On Sept. 12, 2018, the Fourth Circuit released a decision in Sierra Club v. Virginia Electric & Power Co. (Dominion Energy Inc.).[1] This important decision resulted in a split in the Fourth Circuit, as well as further exacerbating a split in the circuits regarding the interpretation of the term “point-source” and the way in which groundwater is regulated by the Clean Water Act as a conduit for pollutants to enter navigable waters.

After this decision, which contradicts Upstate Forever et al. v. Kinder Morgan Energy Partners LP,[2] industries, municipalities and property owners located in the jurisdiction of the Fourth Circuit are...

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