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Environment & Energy Report

Supreme Court Sends Back Pipeline Case After Maui Ruling (1)

May 4, 2020, 2:11 PMUpdated: May 4, 2020, 2:44 PM

Federal judges must revisit a South Carolina pipeline case in light of the U.S. Supreme Court’s recent Clean Water Act ruling.

The justices on Monday remanded Kinder Morgan Energy Partners LP v. Upstate Forever, so the U.S. Court of Appeals for the Fourth Circuit can apply the high court’s new “functional equivalent” test for water permitting.

The Supreme Court had ruled on April 23 that certain indirect water pollution requires a permit under the Clean Water Act when it’s the “functional equivalent” of a direct discharge. The case involved wastewater wells in Maui, Hawaii.

The Fourth Circuit must now...

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