Environmentalists Seek To Broadly Apply High Court’s Groundwater Ruling

Several federal courts are poised to become test beds for applying the Supreme Court’s recent ruling on when pollutants that travel through groundwater to navigable waters require a Clean Water Act (CWA) discharge permit, with environmentalists seeking to reverse recent rulings contrary to the high court’s precedent or apply it to new situations. The Supreme Court’s April 23 ruling in County of Maui v. Hawaii Wildlife Fund, et al. , created a new “functional equivalent” test for determining, on a...