Green Group Wants 7th Circ. To Revive Water Pollution Claim

Law360 (May 22, 2020, 6:18 PM EDT) -- An environmental group is asking the Seventh Circuit to reverse a lower court's finding that the Clean Water Act applies only to pollution that directly enters "navigable waters" and not pollution that first passes through groundwater, in light of a recent U.S. Supreme Court decision.

Prairie Rivers Network wants to use the CWA to go after Illinois coal-fired power plant owner Dynegy Midwest Generation LLC that it has accused of polluting a nearby river with its coal ash. The organization told the Seventh Circuit on Thursday that its lawsuit should be revived based on the U.S. Supreme Court's April decision in...

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