On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated under the Clean Water Act (“CWA,” or the “Act”). In these decisions, the Sixth Circuit expressly disagrees with recent holdings from … Continue Reading
Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the indirect discharge is sufficiently connected to navigable waters to be covered under the CWA. … Continue Reading
On February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s decision, finding that the County of Maui violated the Clean Water Act (“CWA”) when it discharged treated effluent into underground injection wells, which then allowed the effluent to seep into the Pacific Ocean. The Ninth Circuit panel held … Continue Reading
Co-authored by Wes Miliband and guest-blogger Hayley K. Siltanen The Ninth Circuit recently ruled that federal reserved water rights held by Indian tribes extend to groundwater underlying reservation lands. Determining the quantity of that groundwater, however, is reserved for another day. In Aqua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, the Ninth … Continue Reading
