US Asks High Court To Take Up Key CWA Groundwater Case

Law360 (January 3, 2019, 7:35 PM EST) -- The U.S. Solicitor General's Office encouraged the nation's highest court Thursday to review a case that could determine whether or not facilities that pollute certain waterways via groundwater must be permitted under the Clean Water Act.

Maui County in Hawaii has asked the U.S. Supreme Court to review the Ninth Circuit's finding that the Clean Water Act gives permitting authority to the federal government or its state and tribal delegates when pollution is released from a point source, travels through groundwater and ultimately migrates to "navigable waters," which are subject to CWA jurisdiction.

The Solicitor General's Office said the the question...

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