If a state or local government discharges a pollutant from a point source to a navigable water it must obtain a permit under the Clean Water Act (CWA). But what if that pollutant is conveyed in something—say groundwater—between the point source and the navigable water? Must the state or local government still obtain a permit?
If Attorney General Jeff Sessions has his way, the answer will be yes. Or at least, so Sessions told the Senate Judiciary Committee — shortly after two federal district courts temporarily prevented the third travel ban from going into effect. But the full story is more complicated. Back on March 6, President Trump signed an executive