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Defendants In CWA Cases Aim To Limit Rulings On Groundwater Liability

April 13, 2018
Defendants in Clean Water Act (CWA) suits over groundwater releases are scrambling to minimize the impact of recent appellate decisions upholding penalties for pollution that travels through groundwater, raising new arguments in pending cases against the novel findings on liability under the water law for contamination of groundwater. The Tennessee Valley Authority (TVA) is already advancing a narrow reading of the April 12 CWA groundwater decision handed down by the U.S. Court of Appeals for the 4th Circuit, saying that...

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