Source: Todd Neeley, PROGRESSIVE FARMER, 1/8/19

As the EPA starts down the path of rewriting the waters of the United States, or WOTUS, rule, the federal government may be laying the legal groundwork to defend the rule when it comes to the role groundwater plays in the Clean Water Act. Though the newly proposed WOTUS rule would exempt groundwater directly from federal jurisdiction, President Donald Trump's administration has questions about whether pollutants released from point sources that reach jurisdictional waters via groundwater are covered. To this point, courts across the country have been split on the question.

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