Water Law Doesn't Cover Cape Cod Pollution Via Groundwater

By Juan Carlos Rodriguez and Chris Villani (November 26, 2019, 2:25 PM EST) -- Pollution from a Cape Cod resort that travels through groundwater into the Atlantic Ocean is not subject to Clean Water Act permitting requirements, a Massachusetts federal judge ruled Tuesday.

U.S. District Judge William Young's finding comes as the U.S. Supreme Court is weighing the very same question in an appeal of a Ninth Circuit decision that reached the opposite conclusion. Judge Young said he was able to rule as he did because since the Ninth Circuit's ruling and others that have tackled the problem, the U.S. Environmental Protection Agency has concluded that the statute does not regulate discharges of pollution that...

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