Home | Perspectives |Shale Energy Law Blog | Environmental Alert: Fourth Circuit’s “Conduit Theory” Decision Extends CWA Liability for Migrating Groundwater
Print Friendly, PDF & Email
Environmental Alert: Fourth Circuit’s “Conduit Theory” Decision Extends CWA Liability for Migrating Groundwater

On April 12, 2018, the Fourth Circuit Court of Appeals became the second federal appellate court to recognize the so-called groundwater “conduit theory” of liability under the Clean Water Act. The decision in Upstate Forever v. Kinder Morgan Energy Partners, L.P., No. 17-1640, has broad implications for many industries. Please read more about the decision in this alert.