Stack & Associates, P.C.
Contact Our Office Environmental and Land Use Law

Federal court: rainwater levels cannot be regulated by EPA

For the most part, water is a good thing, but it can cause its share of troubles too. The pressure that water puts on creeks and rivers can loosen ground pollutants and cause water contamination. That's what has happened in one out-of-state location where too much water was going into the creek. The Environmental Protection Agency (EPA) attempted to place limits on the amount of water that could flow into the creek.

Their suggestions did not involve getting rid of the water, but rather to divert it elsewhere. The court ruled against the EPA citing that water itself was not a pollutant, and therefore it was not in the EPA's jurisdiction to issue such a mandate. Enforcing such a mandate would also have been expensive, costing over $30 million to divert the excess water from the creek. It also would have been difficult to enforce.

While ultimately the EPA may not have a say when water contamination is caused by the water itself, it is still important that the problem not be ignored. Even though they did not win the case, the EPA has increased awareness that creek pollution during heavy rain is a real issue.

It is possible that other less costly solutions might be available if environmental engineers give the problem proper attention. Maybe an extra filtration system could kick in after a heavy rain, or the creek could be expanded, which would not only dilute any contamination, but could prevent flooding as well.

There are human methods of controlling water contamination that must be enforced in order to protect the environment and people's health. Our Georgia river pollution lawyers have experience fighting for quality water standards.

Source: Heartland, "EPA Cannot Regulate Water Flow, Federal Court Rules," Jeff Edgens, Jan. 29, 2013

No Comments

Leave a comment
Comment Information

Contact Our Firm

In the legal profession as in other fields, past accomplishments are often the best indicators of future success. Our representative cases bear witness to our law firm's ability to represent clients against even the most formidable adversaries, including government bodies and giant corporations, in both individual and class action claims.

Email Us For A Response

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office Locations

260 Peachtree Street N.W.
Suite 1200
Atlanta, GA 30303

Phone: 404-692-7504
Fax: 404.522.0275
Map & Directions

23 Delegal Rd
Savannah, GA 31411

Phone: 404-692-7504
Phone: 912.232.0567
Fax: 404.522.0275