An eNGO asks a federal court to find vacation resorts in the Cape Cod area of Massachusetts liable for Clean Water Act violations relating to their sewage treatment operations. The eNGO argues that the hydrological connection theory merits liability, but the Resorts argue the theory cannot provide a basis for CWA liability.
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In a decision issued on April 12, 2018, a Fourth Circuit panel held (2-1) that (1) even though a pipeline leak has been repaired and remediation is ongoing under the supervision of the state environmental agency, environmental groups have standing to sue the pipeline owner, and (2) plaintiffs’ allegation that groundwater continues to carry discharged pollutants to jurisdictional waters through a “direct hydrological connection” supports liability under the Clean Water Act.
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PFASs (per- and polyfluoroalkyl substances) comprise a group of highly fluorinated manmade compounds that are showing up in drinking water supplies around the country. They are resistant to heat, water and oil, as well as to chemical breakdown. Until recently, PFASs have not been widely regulated. This is changing at both the federal and state levels.
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