Environmental LawMichael B. Gerrard and Edward McTiernan, New York Law Journal
Uncertainty About Hydrologically Connected Groundwater Has Implications in New York
In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Federal district courts are divided over whether the Clean Water Act prohibits discharges to groundwater when the subsurface receiving water is so closely connected to waters of the United States that it serves as a direct conduit to introduce pollutants to surface waters. Because the failure to have a permit for a regulated discharge can lead to significant compliance obligations, material fines and penalties and can be enforced by private citizens, this unresolved question has far-reaching consequences.
This premium content is reserved for New York Law Journal subscribers.
Continue reading by getting started with a subscription.
Already a subscriber? Log in now