Richmond partner Scott Oostdyk commented in a June 20 Law360 story about the biggest energy rulings of 2018, including federal appellate cases that expand the reach of Clean Water Act (CWA) liability for energy companies.
The 4th and 9th U.S. Circuit Courts of Appeals agreed that polluted groundwater that reaches U.S. waters is subject to permitting requirements under the CWA.
Oostdyk — who represents clients in environmental litigation matters and advises on air, water and hazardous substance matters — noted, “Once you get past the easy part to indicate if there’s a direct [groundwater] connection, then the question is going to become a fact-finding matter, which is going to be arduous, given that it’s a battle of experts.”
The article, titled “The Biggest Energy Rulings of 2018: Midyear Report,” is available online to subscribers.