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.). 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, industries, municipalities and property owners located in the jurisdiction of the Fourth Circuit are...
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