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6th Circuit Judges Seek To Avoid Broad CWA Groundwater Liability Ruling

August 06, 2018
Appellate judges hearing two groundwater contamination suits against coal ash disposal sites appear to be seeking options to resolve the litigation on narrow grounds without issuing a broad ruling on the contested issue of whether the Clean Water Act (CWA) covers leaks to groundwater, despite calls from all sides in the suits for such a ruling. The U.S. Court of Appeals for the 6th Circuit heard argument Aug. 2 in the suits, Kentucky Waterways Alliance (KWA), et al., v. Kentucky...

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