indirect discharge

April 13, 2018

4th Circuit Court Expands CWA “Conduit Theory” Liability

In a victory for environmentalists, the 4th Circuit Court of Appeals handed Kinder Morgan a major defeat this week that has much wider implications for regulated entities under the evolving “conduit theory” of liability under the Clean Water Act.  4th Circuit Kinder Decision At issue in this case was whether an indirect discharge of a pollutant […]