Dec

    Scratching the Subsurface: Exploring the Scope of the Clean Water Act and Whether it Regulates Discharges of Pollutants via Groundwater

    1 PM EST

    Within this past year, multiple federal appellate courts have issued conflicting decisions on the scope of the Clean Water Act’s NPDES permit program. These decisions stem from citizen suits alleging that “point source” discharges to a jurisdictional surface water via hydrologically connected groundwater violate the CWA. At present, the Ninth and Fourth Circuits have held that the CWA does support such liability, and more recently, the Sixth Circuit has disagreed. With a clear circuit split and the potential for these decisions to significantly expand the scope of the CWA’s NPDES permit program, several parties have filed petitions asking the U.S. Supreme Court to take up this issue. Please join us for a committee call discussing these decisions, their implications, and the high-stakes petitions currently pending before the Supreme Court.
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    AMERICAN BAR ASSOCIATION
    Section of Environment, Energy, and Resources
    Water Quality and Wetlands Committee

    Thursday, December 13, 2018
    1:00 p.m. – 2:00 p.m. Eastern
    Committee Program Call

    Program Description:
    Within this past year, multiple federal appellate courts have issued conflicting decisions on the scope of the Clean Water Act’s NPDES permit program. These decisions stem from citizen suits alleging that “point source” discharges to a jurisdictional surface water via hydrologically connected groundwater violate the CWA. At present, the Ninth and Fourth Circuits have held that the CWA does support such liability, and more recently, the Sixth Circuit has disagreed. With a clear circuit split and the potential for these decisions to significantly expand the scope of the CWA’s NPDES permit program, several parties have filed petitions asking the U.S. Supreme Court to take up this issue. Please join us for a committee call discussing these decisions, their implications, and the high-stakes petitions currently pending before the Supreme Court.

    Moderator:
    Gary Steinbauer, Babst, Calland, Clements & Zomnir, P.C.


    Speakers:
    Daniel E. Estrin
    , General Counsel & Advocacy Director for Waterkeeper Alliance 
    Karen M. Hansen, Beveridge & Diamond

    You must pre-register to participate.

    Upon registration, you will receive more detailed information about the location and dial-in information.

    This program will not offer CLE.

    Event Details

    Format

    Teleconference

    Date

    Dec 13, 2018

    2018-12-13T13:00:00-05:00 2018-12-13T14:00:00-05:00 Scratching the Subsurface: Exploring the Scope of the Clean Water Act and Whether it Regulates Discharges of Pollutants via Groundwater Within this past year, multiple federal appellate courts have issued conflicting decisions on the scope of the Clean Water Act’s NPDES permit program. These decisions stem from citizen suits alleging that “point source” discharges to a jurisdictional surface water via hydrologically connected groundwater violate the CWA. At present, the Ninth and Fourth Circuits have held that the CWA does support such liability, and more recently, the Sixth Circuit has disagreed. With a clear circuit split and the potential for these decisions to significantly expand the scope of the CWA’s NPDES permit program, several parties have filed petitions asking the U.S. Supreme Court to take up this issue. Please join us for a committee call discussing these decisions, their implications, and the high-stakes petitions currently pending before the Supreme Court.

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