EPA Considering Whether Clean Water Act Applies to Groundwater

Originally published in Journal of Water, Spring 2018

Earlier this year, the U.S. Environmental Protection Agency (“EPA”) requested comments about whether pollutant discharges to certain groundwater sources are subject to Clean Water Act (“CWA”) regulation. The specific question addresses “pollutant discharges from point sources that reach jurisdictional surface waters via groundwater or other subsurface f…