Environmentalists Cite Scalia In Defense Of 9th Circuit Groundwater Ruling

Environmentalists are urging the Supreme Court to reject competing legal arguments from EPA and a Hawaii county that pollution in groundwater can never be subject to the Clean Water Act (CWA) requirements, arguing that the late Justice Antonin Scalia’s plurality opinion in Rapanos v. United States does not permit that result. In a July 12 brief , they point to Scalia’s plurality opinion in Rapanos to argue the CWA does not permit such a “loophole.” “The Act does...