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17 May 2018EPA Considers Expanding Its Jurisdiction to Include Permitting ‘Discharges’ to Groundwater
The Clean Water Act (CWA) has long been understood to regulate discharges to surface waters through its National Pollutant Discharge Elimination System (NPDES) permitting program. Historically, courts have been clear that only direct discharges to those jurisdictional surface waters require NPDES permits. In recent years, a growing number of courts have begun to recognize “hydrologic