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Well Injections With Surface Water Link Need Permit: DOJ

June 8, 2016, 4:00 AM

Discharges to groundwater with a direct hydrological connection to federally protected surface waters require a Clean Water Act permit, the Justice Department told the U.S. Court of Appeals for the Ninth Circuit (Haw. Wildlife Fund v. Cnty. of Maui, 9th Cir., 15-17447, amicus brief 5/31/16).

That said, the government reiterated its long-standing position that the U.S. doesn’t consider groundwater to be either a point source or a water of the U.S. that can be regulated under the Clean Water Act.

The government made its position clear on the regulatory status of groundwater in an amicus brief filed ...