Regulation of Discharges to Groundwater Under the CWA

The U.S. Environmental Protection Agency (EPA) and a growing number of federal courts are confronting the issue of whether and when discharges to groundwater are regulated under the Clean Water Act (CWA), 33 U.S.C. 1251-1388. Specifically, EPA has recently requested comments on the scope of its jurisdiction in this area, and a recent decision in the U.S. Court of Appeals for the Fourth Circuit found that discharges to groundwater can be regulated under some circumstances.