The National Sea Grant Law Center


Categories: “Groundwater”

  • Mississippi v. Tennessee – Special Master Finds Aquifer is an Interstate Resource
  • November 13th, 2020 — by Catherine Janasie — Category: Environmental Law Groundwater

  • When one state alleges it has suffered a legal harm caused by another state, the complaining state must ask the Supreme Court of the United States–the only court that can hear disputes between states–to hear the case.

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  • U.S. Supreme Court Says Some Groundwater Discharges Fall Under CWA
  • April 30th, 2020 — by Terra Bowling — Category: Clean Water Act Environmental Law Groundwater

  • In a 6-3 opinion by Justice Stephen Breyer, the U.S. Supreme Court held that the federal Clean Water Act (CWA) requires the federal government to regulate some groundwater pollutants that discharge into navigable waters. (Cty. of Maui, Hawaii v. Hawaii Wildlife Fund, No. 18-260, 2020 WL 1941966 (U.S. Apr. 23, 2020)). The CWA prohibits the addition of any pollutant from a point source to navigable waters without the appropriate permit. In this case, the Supreme Court had to determine whether a permit is necessary “when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, here, ‘groundwater.’”

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  • Mississippi v. Tennessee Case Update
  • October 19th, 2018 — by Catherine Janasie — Category: Groundwater

  • Although the U.S. Supreme Court has developed a common law framework for resolving disputes over interstate water resources, the Court has never resolved a dispute over groundwater resources. Mississippi v. Tennessee, a case over the use of groundwater by the City of Memphis near the MS-TN border, is the first case of its kind.

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