Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as “waters of the United States” under the Act. Over the years, various federal courts have reached differing conclusions on the question of whether discharges to groundwater can be considered discharges to waters of the United States. This issue recently came to a head in a 9th Circuit opinion. In response, the U.S. Environmental Protection Agency (EPA) is requesting comments on whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater or other subsurface flow with a direct hydrologic connection to the jurisdictional surface water may be subject to regulation under the Clean Water Act. For farmers, manufacturers and anyone who conducts activities that release pollutants to groundwater, these actions will be affected by whether and how EPA clarifies its position regarding whether these discharges are subject to regulation. Read the full blog post from our Environmental attorneys on this issue at Husch Blackwell’s Emerging Energy Insights blog.