EPA Weighs New ‘Clarification’ On CWA Liability For Groundwater Releases

EPA is weighing formal steps to “clarify” its position on whether and when pollution releases to groundwater can be regulated through the Clean Water Act (CWA) if they travel through a “direct hydrologic connection” to surface waters protected by the law, following recent court rulings that have largely backed CWA liability for such contamination. In a yet-unpublished Federal Register notice signed Feb. 12 by EPA water chief David Ross, the agency says it will take public comment for 90...