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4th Circuit's CWA Groundwater Ruling Hurts Utilities' Defense In Ash Suits

April 12, 2018
A new ruling from the U.S. Court of Appeals for the 4th Circuit embraces environmentalists' argument that the Clean Water Act (CWA) limits pollution that travels through groundwater to surface waters as long as it originates with a “point source,” dealing a blow to the power sector's defenses against similar suits pending over leaking coal ash sites. The 2-1 April 12 decision in Upstate Forever, et al., v. Kinder Morgan Energy Partners reverses a district court's decision in the...

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