Michael Parker Quoted in Mass Lawyers Weekly
Rackemann attorney Michael Parker was recently quoted in Mass Lawyers Weekly regarding the case Toxics Action Center, et all. v. Casella Waste Systems, Inc., et al.
From Municipal landfill defeats groundwater pollution claim:
“According to Boston lawyer Michael W. Parker, Toxics Action Center both reflects the “tortuous” history of the CWA and spotlights how hard it is to bring a citizens’ suit under the act and have it survive a motion to dismiss. He questioned whether the judge reached the correct result.
Parker explained that if pollutants were leaching from the landfill and discharged through underground pipes into nearby waters, there would be no question of CWA jurisdiction.
‘How is that any different than pollutants discharging through the groundwater and, without the aid of infrastructure, reaching the navigable water, but not being subject to Clean Water Act jurisdiction?’ he asked. ‘At the end of the day, [in both cases] what you have is the discharge of pollutants to navigable waters.’
Hillman’s ruling reflects a split in the federal courts, said Parker, who expects the issue ultimately to be decided by the U.S. Supreme Court.”
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