9th Circuit Finds CWA Groundwater Liability, Boosting Coal Ash Lawsuits

摘要

The U.S. Court of Appeals for the 9th Circuit in a novel ruling finds Clean Water Act (CWA) penalties can apply for pollution that travels through groundwater, a decision that could boost environmentalists' suits seeking similar penalties for coal ash pollution but also leaves openings for other judges to avoid applying the precedent in some cases. The Feb. 1 decision by a unanimous three-judge panel of the 9th Circuit in Hawai "i Wildlife Fund, et al, v. County of Maui upholds a district court's ruling that held the Hawaii County of Maui liable under the CWA for injecting wastewater into underground wells that share "an undeniable connection" to the Pacific Ocean via groundwater, allowing pollution to freely travel to the ocean. Relevant documents are available on lnsideEPA.com.