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County Asks High Court To Weigh 'Fair Notice' In CWA Groundwater Appeal

January 08, 2019
Maui County, HI, is asking the Supreme Court to weigh all aspects of its pending appeal over whether the Clean Water Act (CWA) applies to groundwater-borne pollution including whether facilities have the “fair notice” of CWA violations required to impose penalties, fighting EPA's bid to limit the case to whether the law covers groundwater pollution. The county filed a Jan. 7 supplemental brief arguing that limiting the appeal to only the liability question would ignore concerns it has raised that...

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