Southern Crop

Southern Crop

Are Polluters Liable When Tainted Groundwater Seeps Into Rivers?

Federal judges will have to decide whether Kinder Morgan Energy Partners, a national pipeline company, remains liable for contamination from a 2014 gasoline spill that continues to foul South Carolina streams even though pollutants are no longer being released.

 

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EPA appears to be planning to slow or end existing Clean Water Act (CWA) enforcement cases that use Justice Anthony Kennedy’s test for determining the law’s reach, defying long-running agency guidance and legal precedent even before EPA writes a new CWA jurisdiction rule using a narrower test authored by the[…]

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