BB&K Webinar Mar 29, 2018

Fairly (or Unfairly Traceable?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

BB&K Free Webinar

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through groundwater to surface waters that are “fairly traceable” to an end-of-pipe discharge. The new “fairly traceable” standard may require a range of facilities, from groundwater recharge projects to stormwater treatment basins, traditional retention ponds and even individual septic systems to obtain NPDES permits under the Clean Water Act. The issue is being considered in courts across the country and is likely to end up before the Supreme Court. 

In anticipation of the nationwide impact of the decision, the EPA has requested comments on whether it should pursue rulemaking on the issue. This webinar will discuss the Ninth Circuit’s decision and its implications for water managers, flood control systems and waste disposal operations. Please join us!

BB&K Speakers

Partner Shawn Hagerty
Partner Andre Monette
Associate Rebecca Andrews


Thursday, March 29
Noon – 1 p.m. PT / 3 – 4 p.m. ET

Click here to view the webinar.

This webinar is approved for minimum continuing legal education by the State Bar of California in the amount of one (1) hour of General Participatory credit. Best Best & Krieger LLP certifies that this activity conforms to the standards of approved educational activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. Best Best & Krieger LLP is a State Bar of California Approved Provider, #1035. Please note that CLE credit is only available to those who participate in the “live” webinar and Best Best & Krieger LLP is unable to provide credit to those who choose to view the webinar recording.


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