SCOTUS decision provides narrower test for discharges to groundwater
from JD Supra
On April 23, the U.S. Supreme Court in a 6-3 decision held that the Clean Water Act (CWA) requires a permit for either a direct discharge from a point source into navigable waters, or the functional equivalent of a direct discharge. The Supreme Court reached a middle ground by creating the new "functional equivalent" test, after rejecting the Ninth Circuit's "fairly traceable" test advanced by environmental groups as too broad, and also rejecting the Environmental Protection Agency's (EPA) and the County of Mau's position that the CWA never applies to groundwater as creating a loophole for polluters.
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