Navigating Recent Court Decisions on Coal By-Products in Groundwater

Much attention has been paid lately to the question of which waters are “navigable waters of the United States” subject to regulation under the Clean Water Act (CWA). However, several recent cases involving a different provision of the CWA—the definition of the term point source—could prove equally important in determining CWA jurisdiction, particularly for discharges of coal production by-products like coal ash and coal combustion residuals (CCR).