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Are Polluters Liable When Tainted Groundwater Seeps Into Rivers?

Dec. 7, 2017, 12:16 PMUpdated: Dec. 7, 2017, 9:11 PM

Federal judges will have to decide whether Kinder Morgan Energy Partners, a national pipeline company, remains liable for contamination from a 2014 gasoline spill that continues to foul South Carolina streams even though pollutants are no longer being released.

The company’s attorney says no.

The case is one of several that have drawn the attention of trade groups representing the oil and gas, mining, and municipal wastewater sectors that could be faced with increased permitting costs and related liabilities if they fail to obtain Clean Water Act permits for indirect discharges of pollution to federally protected waters via groundwater.

Kinder ...

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