Environmentalists Cite High Court Ruling To Boost Groundwater Lawsuits

Environmental groups are urging federal appeals courts to rule in their favor in cases where they allege pollutants traveled through groundwater to surface water, arguing the facts in two pending cases support the “functional equivalent” test outlined in the Supreme Court ruling County of Maui v. Hawaii Wildlife Fund . In Upstate Forever v. Kinder Morgan , pending before the U.S. Court of Appeals for the 4th Circuit, environmentalists counter industry arguments that the functional equivalent test either has clearly...