U.S. Supreme Court,
Environmental & Energy
Oct. 4, 2019
Does the CWA cover groundwater? It’s not an easy question
Critical amendments in 1972 forever changed the protection of WOTUS. Simply put, it became unlawful for any person to discharge (defined very broadly) any pollutant (also defined very broadly) from a point source into navigable waters, unless a National Pollutant Discharge Elimination System permit is issued.
Does the Clean Water Act cover groundwater? That would seem to be a simple question, but it is not. The CWA was first enacted in 1948 but took on its modern form when it was completely rewritten in the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. Section 1251 et seq.). Major changes have subsequently been introduced via amendatory legislation including the CWA of 1977 and the Water Quality Act of 1987. The CWA's jurisdiction is limited to the wate...
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