Judge Defers To EPA’s Groundwater Stance As High Court Weighs Issue

December 3, 2019
A federal district court judge in Massachusetts has endorsed the Trump EPA’s position that the Clean Water Act (CWA) categorically excludes regulation of groundwater, highlighting some of the tensions in the law that Supreme Court justices grappled with during oral argument last month. But the ruling’s impact could be short-lived if the Supreme Court develops a more nuanced test for CWA liability when it issues its opinion next year, an outcome that legal experts have said is possible given the...


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