Indirect Discharges under the Clean Water Act

Recent cases, including one presently before the United States Supreme Court, address whether a National Pollution Discharge Elimination System (NPDES) permit must be acquired for “indirect” discharges of pollutants. The cases, often referred to as “groundwater as conduit” cases, explore situations, including several coal ash pond sites, where pollutants are released into groundwater, and the groundwater, along with the pollutants, eventually make their way to navigable waters. Arguments were heard in one of these cases before the United States Supreme Court in November of 2019. Depending upon the ruling of the Court, the ramifications for industry, and particularly the energy industry, could be profound. This webinar explores the case law and possible implications, and discusses the United States Supreme Court decision, which should be released prior to the webinar date.

Professor Jesse Richardson 
WVU College of Law