There’s a big Clean Water Act case being argued in the Fourth Circuit this week. Here’s the gist: suppose you discharge pollutants into the ground, and they seep into surface waters. Does the Clean Water Act–which only regulates discharges into surface waters–apply?
Apparently the nation’s district courts are split on this issue. The Fourth Circuit tackles it this week in Upstate Forever v. Kinder Morgan Energy. The Ninth Circuit is wresting with the same issue. Circuit split, anyone?
My colleague Hayes Finley has the full scoop here.