Wayne Forman

Jan 25, 2024 | jdsupra.com | Katherine Duncan |Wayne Forman |Michael Smith |Michaël Smith

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a direct discharge and thus, subject to regulation and permitting under the Clean Water Act (CWA). In Stone v.