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Environmental Law

University of Georgia School of Law

2018

11th Circuit

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Environmental Law, Eleventh Circuit Survey, Travis M. Trimble Jan 2018

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

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In 2017, district courts decided several issues that the United States Court of Appeals for the Eleventh Circuit had never addressed. The United States District Court for the Middle District of Georgia concluded that the Clean Water Act's (CWA) prohibition on the discharge of pollutants into waters of the United States without a permit extended to discharges into groundwater with a "direct hydrological connection" to surface waters within the Act's scope. The court also concluded that a state-permitted land application system, whereby wastewater is sprayed onto fields as means of treatment and disposal, constituted a "point source" within the meaning …