Environmental Law

Uncertainty About Hydrologically Connected Groundwater Has Implications in New York

, New York Law Journal

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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.

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Originally appeared in print as Uncertainty About Hydrologically Connected Groundwater: NY Implications

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