Energy + Infrastructure

Natural Resource Protection

News

Water Contamination Riskier for Companies in Wake of Rulings

April 13, 2018 Media Coverage

Bloomberg Environment
April 13, 2018
"Water Contamination Riskier for Companies in Wake of Rulings"

Environmental law partner Sarah Bell spoke to Bloomberg Environment about recent federal appeals courts rulings related to contaminated waterways. In the Kinder Morgan case, the Fourth Circuit ruled that two environmental advocacy groups can sue the energy infrastructure company, finding that pollution in Savannah River tributaries could be directly traced via groundwater to its Plantation Pipeline.

In the article, Ms. Bell noted that companies, cities, and even homeowners finding themselves in a predicament similar to Kinder Morgan’s also could face potential risk. A spill that results in pollutants reaching groundwater with a direct connection to federally protected waters can result in Clean Water Act liability under the Fourth Circuit decision.

She added, the success of such a lawsuit, however, would depend on a number of factors. For instance, she said, a citizen suit would have to prove whether the company tried to obtain a pollution discharge permit, whether there was a direct link “conclusively established” between the groundwater where the spill occurred and the receiving water that was contaminated, and whether the pollutants did reach those receiving waters.

Link to read the full article.

Firm Highlights

Publication

Navigating California's Evolving Legal Landscape Governing Leaves of Absence

California’s employment laws are no stranger to change, and recent years have witnessed the introduction or modification of various protected leaves by employees. In this article, we will delve into three significant leave categories...

Read More
Publication

Important Changes and the Impact of California Industry-Specific Minimum Wage Laws

In the ever-evolving landscape of California labor laws, the minimum wage has once again taken center stage. With the recent state-wide increase to $16 per hour, the Golden State continues to lead the nation...

Read More
Publication

Navigating Cannabis in the Workplace: A Guide for California Corporations

The landscape surrounding cannabis in the workplace is rapidly evolving, posing challenges for California corporations and businesses to establish effective policies and procedures. As the use of cannabis, both medical and recreational, becomes more...

Read More
News

Farella 2024 Partner Elevations: Cynthia Castillo and Greg LeSaint

Northern California legal powerhouse Farella Braun + Martel is pleased to announce the election of two lawyers to partnership effective Jan. 1: Cynthia Castillo and Greg LeSaint. “We are thrilled to elevate Cynthia and...

Read More
News

Brookfield Forecloses on 2,150-Unit Veritas Portfolio With Uncontested $464M Bid

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The Real Deal  article, "Brookfield forecloses on 2,150-unit Veritas portfolio with uncontested $464M bid." Read the full article  here  (subscription may be...

Read More
News

Lawdragon Names 7 Farella Lawyers Among “Leaders in Environmental Law”

Northern California legal powerhouse Farella Braun + Martel is pleased to announce that seven lawyers were selected to The Lawdragon Green 500: 2024 Leaders in Environmental Law . Farella lawyers selected for inclusion: Sarah...

Read More
News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

Read More
Publication

Navigating California's New Rebuttable Presumption Law

The ever-evolving landscape of employment laws in California has introduced a notable change with the implementation of a new law that establishes a rebuttable presumption of retaliation in some circumstances. This law, which took...

Read More
News

Winston Liaw Named a Leadership Council on Legal Diversity Fellow

Northern California legal powerhouse Farella Braun + Martel is proud to announce that Winston Liaw has been named a Leadership Council on Legal Diversity (LCLD) Fellow for 2024. Winston joins a select group of...

Read More
Publication

Navigating California's Workplace Violence Prevention Law

California has introduced a new requirement compelling most employers to implement a workplace violence prevention policy by July 1, 2024. The implications of this law are significant, prompting the need for human resource executives...

Read More