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.

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Photo of Megan McLean Megan McLean

Megan focuses her practice on environmental law. She has experience working with a variety of legal matters, including National Pollutant Discharge Elimination System (NPDES) permit enforcement, transmission of wind energy and coal ash storage.

Photo of Ali Nelson Ali Nelson

Ali has experience advising companies in connection with mining and mineral extraction, regulated transmission projects, coal-fired power plants, and renewable and clean energy projects. Since joining the firm in 2005, Ali has helped numerous companies address the environmental issues surrounding business and property

Ali has experience advising companies in connection with mining and mineral extraction, regulated transmission projects, coal-fired power plants, and renewable and clean energy projects. Since joining the firm in 2005, Ali has helped numerous companies address the environmental issues surrounding business and property transactions by performing due-diligence reviews of environmental records, assisting with the transfer of required permits, evaluating liability for pre-existing contamination, and drafting purchase and sale contracts.

Photo of Jason Flower Jason Flower

Jason represents chemical and manufacturing clients nationwide as plaintiffs and defendants in high-profile cost recovery and contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Jason also helps clients manage complex Superfund sites. Jason defends clients in judicial and administrative

Jason represents chemical and manufacturing clients nationwide as plaintiffs and defendants in high-profile cost recovery and contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Jason also helps clients manage complex Superfund sites. Jason defends clients in judicial and administrative environmental enforcement actions under the Clean Air Act and Clean Water Act. In addition to traditional environmental matters, Jason represents clients in exposure and toxic tort lawsuits regarding alleged environmental contamination, including personal injury and property damage lawsuits.

Photo of Robert Wilkinson Robert Wilkinson

Bob advises domestic and international clients in the agriculture, specialty chemical, mining, energy, product manufacturing and waste management industries on safety and health compliance, permitting and enforcement defense. Common challenges for these clients include air and water quality, land use, toxic chemical regulation,

Bob advises domestic and international clients in the agriculture, specialty chemical, mining, energy, product manufacturing and waste management industries on safety and health compliance, permitting and enforcement defense. Common challenges for these clients include air and water quality, land use, toxic chemical regulation, pesticide regulation, and site remediation and redevelopment.