Tag Archives: groundwater

US Supreme Court Adopts “Functional Equivalent” Standard for Discharges of Pollutants to Surface Water Through Groundwater

Recently, in a 6-3 decision in County of Maui v. Hawaii Wildlife Fund (Maui), the United States Supreme Court held that a discharge of pollution to groundwater may be regulated under the Clean Water Act (CWA).  The Supreme Court’s review arose from a case involving a wastewater treatment and reclamation facility in Hawaii that injects … Continue Reading

US Supreme Court Schedules Oral Argument Regarding Clean Water Act Liability for Indirect Groundwater Discharges

Earlier this month, the US Supreme Court scheduled oral argument for November 6th in its review of the Ninth Circuit’s decision in County of Maui v. Hawai‘i Wildlife Fund, et al. The case has significant implications for the scope of the Clean Water Act (CWA), with the Ninth Circuit having ruled that the eventual migration … Continue Reading

Groundwater Remediation as Potential Tool to Combat Water Scarcity: Navigating Potential Conflicts Between CERCLA Remediation Considerations and Water Policy Issues

New water supplies in the western United States are likely to come from a panoply of non-traditional sources, including storm water capture, waste water recycling, desalination, infrastructure efficiency improvements, and other conservation measures. One potential new water source for municipalities is contaminated groundwater requiring environmental remediation, that, but for its low quality, could be used … Continue Reading

California Turning Away From Traditional Imported Water Sources and Toward More Resilient Localized Water Supplies

In 2014 California enacted the Sustainable Groundwater Management Act, which provides the framework for local water management agencies to develop and implement groundwater sustainability plans in order to sustainably manage the state’s groundwater within 20 years. This legislation was California’s first ever attempt to sustainably manage groundwater resources, a long overdue effort given that the state … Continue Reading

California Adopts Historic Groundwater Laws

For a state that has 840 miles of sweet Pacific Ocean coastline, it might seem ironic that California is hurting for water. But years of drought and unregulated groundwater use have devastated groundwater aquifers, forcing the California legislature to finally step in with what some farmers in California’s Central Valley are calling “draconian” regulation. The … Continue Reading

Agua Caliente Tribe Sues to Quantify Groundwater Rights

Long before the Rat Pack purchased homes in swinging Palm Springs, before there were wind farms as far as the eye can see, and before the Coachella Music Festival became the hipster music aficionado capitol of the world, the Agua Caliente Band of Cahuilla Indians farmed Coachella Valley lands. In fact, the Agua Caliente Band … Continue Reading
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