Environmental Alert: Fourth Circuit’s “Conduit Theory” Decision Extends CWA Liability for Migrating Groundwater

April 17, 2018
Posted By: Gary E. Steinbauer

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.