This week, the Sixth Circuit diverged from the Fourth and Ninth Circuits by limiting the scope of the Clean Water Act (CWA) as it relates to groundwater. The court held that the CWA cannot regulate pollutants from point sources if they reach navigable waters through groundwater. This decision is a clear split from the Fourth and Ninth Circuits, who have both held this year that groundwater can be regulated under the CWA if it serves as a conduit for pollution that eventually reaches navigable waters, …
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