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Expert Analysis

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

By Kimberly Bick and Matthew Trotter (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....

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