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LIRA@BC Law

Abstract

On September 24, 2018, the United States Court of Appeals for the Sixth Circuit in Tennessee Clean Water Network v. Tennessee Valley Authority, held that the Clean Water Act (CWA) does not apply when a pollutant first traveled a short distance through groundwater before entering a navigable waterway. In doing so, the court held only direct discharges into navigable waters are governed by the CWA. This Comment argues that the Sixth Circuit’s decision runs counter to the CWA’s purpose and plain meaning; furthermore, it asserts that the Tennessee Clean Water Network decision will hamper the government’s ability to hold polluters accountable by opening up a significant loophole in the CWA’s jurisdiction.

Files

File nameDate UploadedVisibilityFile size
001_manning_comment_A1b.pdf
6 Sep 2022
Public
206 kB

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Metadata

  • Subject
    • Environmental Law

    • Water Law

  • Journal title
    • Boston College Law Review

  • Volume
    • 61

  • Issue
    • 9

  • Pagination
    • E.Supp. II.-1

  • Date submitted

    6 September 2022