Clean Water Act Application to Groundwater: Keeping Score

Texas Agriculture Law Blog

Tiffany Dowell Lashmet

A major issue with regard to the scope of the Clean Water Act is popping up in courtrooms across the United States.  Are point source discharges into groundwater, that eventually reach a “water of the United States”, within the scope of the Clean Water Act’s jurisdiction?  This issue is growing and has been decided differently by courts across the country.  The legal question is teed up and could potentially reach the United States Supreme Court next year.  Let’s take a look at this issue and the results from various cases.

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