On September 8, 2020, WLF urged the Seventh Circuit to affirm a trial court decision that refused to expand the Clean Water Act’s (CWA) reach over certain groundwater releases. As WLF contends in its amicus brief, construing the CWA to require a National Pollution Discharge Elimination System (NPDES) permit for the groundwater releases here would displace Congress’s regulation of such releases under the Resources Conservation and Recovery Act (RCRA) and the EPA’s Coal Combustion Residuals (CCR) Rule, both of which govern groundwater releases of coal ash. It would also undermine comprehensive state regulation of groundwater, leading to the kind of broad expansion of NPDES jurisdiction that the Supreme Court, in County of Maui v. Hawaii Wildlife Fund, recently rejected. WLF’s amicus brief was prepared with the pro bono assistance of Bill Brownell, Elbert Lin, Nash Long, Brent Rosser, and Melissa Romanzo with Hunton Andrews Kurth LLP.


WLF brief