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Groundwater Discharges: Getting to the Source of Concern


September 10, 2019
12:00 pm - 1:30 pm


Environmental Law Institute
1730 M Street, NW, Suite 700 (Map)

Washington, DC (and webinar)


This event is open to the public but you must register (there is a $50 fee for those who are not members of ELI). If you are unsure if you are an ELI member, contact mcmurrin@eli.org PRIOR to registering (or go HERE to join).

  • Please register by September 6. Contact mcmurrin@eli.org with questions or to change your registration.
  • For in-person attendance, REGISTER HERE.
  • For webinar/telecon, REGISTER HERE.  Webinar information will be emailed one business day prior to the event. If you are unsure if you can access the webinar via the GoToMeeting platform, please go HERE to view system requirements prior to registering.
  • Go HERE to view ELI's event refund policies.
  • All times noted are Eastern Time. The webinar will begin at 12 noon Eastern, 11 AM Central, 10 AM Mountain, and 9 AM Pacific. There is no CLE for this course.

NOTE: All registrants for ELI events need to have an ELI "account." When you click on the above Register Here link, you will be asked to log in.

  • ELI members and previous registrants have accounts. If you don't remember your password, please click on the "Request new password" tab.
  • Non-members who have previously not set up an ELI account may click on the "Create new account" tab, complete the process, and then return to this page to register. While creating this account does not confer membership, it will allow you to register for this and future events at any appropriate non-member rate that may be required.

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? Leading panelists will confront these questions and explore the multifaceted challenges and opportunities facing states, industries, and federal agencies. Join ELI, the State Energy & Environmental Impact Center, and expert panelists as they navigate the murky waters of CWA groundwater connection claims.

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 to the Attorney General, Maryland Office of the Attorney General

Materials will be posted as they become available...

ELI members will have access to materials/a recording of this session (usually posted w/in 48 hours). If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to see the many benefits of membership and how to join.