But these monitoring, protection, or conservation efforts are not comprehensive and consistent. The challenge to federal, state, and local officials is to devise a coordinated system that effectively safeguards groundwater quality even while we clean up the mistakes of the past. Yet state laws do not implement a good understanding of hydrogeologic characteristics of water supplies. Groundwater and other water rights is a major loophole in environmental law. Some environmental laws and land use controls do apply.
Regulations govern pollution and allocation of groundwater.
Traditional doctrines of nuisance, negligence, trespass, and strict liability for ultra-hazardous activities can be available to seek money damages, alternative water supplies, filter and treatment costs, and injunctive relief. Our legal and consulting services have made us familiar with how zoning bylaws, subdivision controls, health regulations, wetlands bylaws, pesticide statutes, groundwater discharge permit requirements, and various chemical regulations impose a hodgepodge of limitations on activities which could affect groundwater. We work with leading expert hydrogeologists, environmental engineers, environmental and community planners, and scientists to flesh out this framework with a comprehensive groundwater protection program. We consult with municipal water departments, planning boards, conservation commissions, boards of appeal, boards of health, and boards of selectmen to draft and implement new bylaws and ordinances and regulations. We represent municipalities in court in appeals concerning local groundwater protection codes and decisions.