U.S. Court of Appeals for the Sixth Circuit

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Sixth Circuit rejects the so called “hydrologic connection” or “conduit theory” of Clean Water Act liability, holding the National Pollutant Discharge Elimination System program is limited to pollutants added to navigable waters from a point source

September 24, 2018

Click here to view the opinion.

U.S. Chamber urges Sixth Circuit to reject unlawful expansion of Clean Water Act’s federal permitting program under the so called “hydrologic connection” or “conduit” theory

May 04, 2018

Click here to view the amicus brief filed by the U.S. Chamber, Kentucky Chamber, Kentucky Farm Bureau, National Association of Manufacturers, American Chemistry Council, American Fuel & Petrochemical Manufacturers, and Edison Electric Institute.

Thomas A. Lorenzen, David Y. Chung, and Mark Thomson of Crowell & Moring LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents