Shale Energy Law Blog
Environmental Alert: Fourth Circuit’s “Conduit Theory” Decision Extends CWA Liability for Migrating Groundwater
April 17, 2018
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.