Is Groundwater that Is Hydrologically Connected to Navigable Waters Covered Under the CWA?: Three Theories of Coverage & Alternative Remedies for Groundwater Pollution

Loading...
Thumbnail Image

Persistent link to this item

Statistics
View Statistics

Journal Title

Journal ISSN

Volume Title

Title

Is Groundwater that Is Hydrologically Connected to Navigable Waters Covered Under the CWA?: Three Theories of Coverage & Alternative Remedies for Groundwater Pollution

Published Date

2015

Publisher

Minnesota Journal of Law, Science & Technology

Type

Article

Abstract

The EPA’s interpretation that directly connected groundwater is within the scope of the CWA’s jurisdiction has been accepted with varying degrees of success among the federal district and circuit courts. Some courts have concluded that jurisdiction over such connected groundwater is warranted because (1) the CWA’s goal is to protect navigable waters, or (2) because the EPA is entitled to some level of deference on the issue. Other courts have decided that the CWA was simply not meant to cover groundwater, citing pieces of legislative history to support that position. A majority of courts have concluded that the CWA does cover connected groundwater, but the Supreme Court has yet to rule on the issue. This Note will explore the arguments that courts on both sides of the divide have accepted in concluding that groundwater hydrologically connected to navigable waters is or is not covered, the three potential theories for finding CWA jurisdiction over connected groundwater, what scientific factors courts have used in making case-specific determinations about whether hydrologically connected groundwater is covered, and alternative remedies that may be used to regulate or control pollution to groundwater under existing regulations.

Keywords

Description

Related to

Replaces

License

Series/Report Number

Funding information

Isbn identifier

Doi identifier

Previously Published Citation

Suggested citation

Kvien, Allison L.. (2015). Is Groundwater that Is Hydrologically Connected to Navigable Waters Covered Under the CWA?: Three Theories of Coverage & Alternative Remedies for Groundwater Pollution. Retrieved from the University Digital Conservancy, https://hdl.handle.net/11299/172966.

Content distributed via the University Digital Conservancy may be subject to additional license and use restrictions applied by the depositor. By using these files, users agree to the Terms of Use. Materials in the UDC may contain content that is disturbing and/or harmful. For more information, please see our statement on harmful content in digital repositories.