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Environmentalists Reject Circuit Split Claims To Fight CWA Suit Rehearing

May 15, 2018
Environmentalists are urging the U.S. Court of Appeals for the 4th Circuit to preserve a divided panel's ruling that held a pipeline operator liable under the Clean Water Act (CWA) for an underground gasoline spill that reached surface waters, rejecting claims from a rehearing request that the decision conflicts with the Supreme Court and other circuits. The May 14 response brief opposing rehearing in Upstate Forever, et al., v. Kinder Morgan Energy Partners could serve as a preview of...

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