Environmental Alert: Fourth Circuit’s “Conduit Theory” Decision Extends CWA Liability for Migrating Groundwater

April 17, 2018
Posted By: Gary E. Steinbauer

On April 12, 2018, the Fourth Circuit Court of Appeals became the second federal appellate court to recognize the so-called groundwater “conduit theory” of liability under the Clean Water Act. The decision in Upstate Forever v. Kinder Morgan Energy Partners, L.P., No. 17-1640, has broad implications for many industries. Please read more about the decision in this alert.

Preliminary Findings of NETL’s Hydraulic Fracturing Study – No Impacts to Groundwater

July 24, 2013
Posted By: Sean M. McGovern

The Department of Energy’s National Energy Technology Laboratory released a statement at the end of last week regarding its preliminary findings in its study to monitor for impacts of hydraulic fracturing on groundwater, noting that “nothing of concern has been found thus far.”　 Additionally, the NETL’s reported discussions with the AP that same day confirmed that the NETL’s preliminary findings have shown that there is “no evidence that chemicals from the natural gas drilling process moved up to contaminate drinking water aquifers at a western Pennsylvania drilling site.”　 According to the AP’s report, this is the first time that an operator permitted government scientists to inject tracers into the hydraulic fracturing fluid to track the distribution of the fluid underground.　 The study is expected to be completed by the NETL by the end of the year, at which time a final report will be released.

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