Clean Water Act faces a significant test before the Supreme Court.
“If that were the law, every polluter whose pipe goes sideways and now needs to get Clean Water Act permit, has a powerful incentive to point their pipe down because then it won’t be regulated," Caputo said.
The Environmental Protection Agency, which initially supported environmental groups in the case, has switched sides. After long maintaining the Clean Water Act applied to waters hydrologically connected to navigable waters, itFormer EPA officials are pushing back on that pivot.
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