Groundwater Discharges: Getting to the Source of Concern

September 10, 2019 12:00 pm — 1:30 pm
Washington, DC (and webinar)

Co-Sponsored by ELI and the State Energy & Environmental Impact Center at NYU Law

An ELI Member Seminar

A wave of groundwater connection claims and concerns have been sweeping the nation resulting in conflicting federal court decisions and interpretations of the reach of the Clean Water Act (CWA). On November 6, the Supreme Court will hear the argument in County of Maui v. Hawai’i Wildlife Fund to potentially resolve the conflicting lower court decisions. Meanwhile, the Environmental Protection Agency (EPA) issued an interpretative statement in April announcing the CWA does not cover releases of pollutants from a point source to groundwater regardless of a connection between the groundwater and jurisdictional protected waters.  

What are the implications of EPA’s announcement and a possible Supreme Court decision in Maui next year? How would a potential new CWA landscape impact practitioners and officials across the U.S. as they attempt to progress their interests? What opportunities exist to advance legislative strategies, and how might a final “waters of the United States” (WOTUS) rule further affect these decisions? Our panelists confronted these questions and explored the multifaceted challenges and opportunities facing states, industries, and federal agencies.

James M. McElfish, Jr., Senior Attorney, Director, Sustainable Use of Land Program, Environmental Law Institute, Moderator
Julia Anastasio, Esq., Executive Director and General Counsel, Association of Clean Water Administrators (ACWA)
Sean G. Herman, Associate, Hanson Bridgett LLP
Joshua Segal, Special Assistant Attorney General, Maryland Office of the Attorney General

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