Thursday, February 11, 2016
Does the Clean Water Act Regulate Discharges of Pollutants to Hydrologically Connected Groundwater?
Federal district courts have held that the CWA governs discharges into groundwater that is hydrologically connected to jurisdictional waters of the United States and would permit CWA jurisdiction over groundwater discharges in far more limited circumstances. Still other courts view the CWA as inapplicable to groundwater, no matter its ultimate connection to surface water bodies. (Marten Law)