Kavanaugh Seen as Savior on Both Sides of Water Pollution Fight

July 12, 2018, 3:13 PM

Supreme Court nominee Brett Kavanaugh is winning fans on both sides of a brewing water pollution dispute: Each thinks the prospective justice could tip the scales in their favor.

Two federal circuit courts have ruled so far that the Environmental Protection Agency can regulate discharges of pollutants from factories, power plants, pipelines, and sewers into groundwater that eventually make their way into lakes, rivers, and ponds. But with another four similar cases pending, it sets up the possibility of a circuit split that will need to be resolved by the Supreme Court.

If that happens, industries hope Kavanaugh—who favors ...

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