Despite EPA Statement, CWA Waiver For Groundwater Remains Uncertain

EPA’s attempt earlier this year to provide a bright-line exclusion from Clean Water Act (CWA) regulation for pollution releases to groundwater has done little to provide clarity to states, which continue to take various approaches to the issue, and legal observers say it is uncertain whether the Supreme Court will resolve the issue with a pending case. The agency in April issued an interpretive statement that said such pollution releases should never be subject to CWA permit limits, even if...