Despite EPA Guidance, Groundwater Permitting Decisions Remain Murky

February 10, 2021
The Trump EPA’s guidance on implementing the Supreme Court’s test for determining when pollutants that travel through groundwater to surface waters require a Clean Water Act (CWA) discharge permit is unlikely to be of much assistance to industry, due to ongoing legal uncertainty and a likely change in approach from the Biden administration. “The only thing certain is more litigation and likely yet more ‘guidance’ from EPA,” Jeffrey Porter, chair of the environmental law practice at Mintz, said during a...

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