WITHDRAWN - Citizen Suits are Possible Regarding Groundwater Contaminaiton

Groundwater has not be the subject of federal law until recently. Various courts have determined that the Clean Water Act may be applicable to groundwater if there is a hydrological or substantial connection to Waters of the United States. This opens up those who have water rights, use groundwater, recharge groundwater etc. to liability under the Clean Water Act. With this comes the specter of citizen suits and the need to apply for, obtain and follow the dictates of permits issued under the National Pollution Discharge Elimination System. We will explore the parameters of the Clean Water Act, what it requires and entails, and the current position of various courts and the EPA. The goal will be to educate those in the groundwater industry of this potential sword of Damocles that could create endless litigation, complication and cost in relying on groundwater for the public good.