Tag Archives: groundwater contamination

Supreme Court: Pollutants Reaching Navigable Waters Through Groundwater May Require Permit Under Clean Water Act

Rejecting the Trump administration’s novel 2019 interpretation that the Clean Water Act never requires permits for pollutant discharges to groundwater, the United States Supreme Court handed down, on April 23, its eagerly awaited decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. The 6-3 majority held that Section 301 of the Clean … Continue Reading

Contradicting the Department of Justice, EPA Changes Stance on Groundwater Discharges

Contradicting the argument raised by the United States in a recent amicus brief in the U.S. Court of Appeals for the Ninth Circuit, the EPA finalized new guidance on April 12, 2019, concluding that the Clean Water Act “is best read as excluding all releases of pollutants from a point source to groundwater from NPDES … Continue Reading

Seventh Circuit Reverses Class Certification in Groundwater Contamination Case

from Frank Citera of Greenberg Traurig Chicago On January 17, 2014 the United States Court of Appeals for the Seventh Circuit reversed a district order certifying a class of Illinois property owners who claimed that a nearby refinery had leaked benzene and other contaminants into the groundwater under the class members’ homes.  The suit sought … Continue Reading