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Justices Appear To Grapple With Compromise On CWA Groundwater Issue

November 06, 2019
Supreme Court justices at oral argument Nov. 6 over whether the Clean Water Act (CWA) applies to pollutants that travel through groundwater to surface water appeared to be searching for a compromise that would acknowledge discharge permits may be required in some cases but would limit those circumstances. “I wonder if you have any sort of fall-back position there that that would cure my worry [about expanding the universe of permitted entities] without getting into the evasion problems,” Justice Stephen...


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