Uncertainty remains after SCOTUS decision on Clean Water Act

The Clean Water Act doesn’t cover groundwater but now they are considering adding groundwater due to the connection between groundwater and surface water. County of Maui v. Hawaii Wildlife Fund argues that pollutants in groundwater is equivalent to direct discharge into waters. Certain factors are considered in this matter such as transit time, distance traveled, nature of the material through which the pollutant travels, how diluted or chemically changed the pollutant is, how the material enters water, and degree the material maintains the identity of being a pollutant. Trump EPA provided them with a functional equivalency test to make it even more complicated, but the Biden Administration may make changes to the test.

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