National News

Clean Water Act Cases Companies Should Monitor. “Good morning. Can companies he held liable under the U.S. Clean Water Act for discharges from their operations into groundwater that seeps into nearby surface waters? A number of cases are winding their way through the federal court system, and the issue ultimately could be decided by the Supreme Court. A ruling Thursday by the United States Court of Appeals for the Fourth Circuit reinstated a lawsuit filed in South Carolina by two environmental groups against Kinder Morgan Energy Partners L.P. and its Plantation Pipe Line Co. Inc. subsidiary. Hundreds of thousands of gallons of gasoline spilled from a ruptured pipeline in Belton, S.C. in 2014. The lawsuit claimed the gas continued to travel into nearby waters. The case was dismissed by a district court in South Carolina that said it didn’t have jurisdiction. The appeals court disagreed and ruled ‘citizens may bring suit…for discharges of pollutants that derive from a ‘point source’ and continue to be ‘added’ to navigable waters.’” [Wall Street Journal, 4/16/18 (=)]

Senate Bill Would Exempt Ships from Clean Water Act. “The U.S. Senate this week is expected to take action on legislation aimed at the U.S. Coast Guard that contains a provision exempting ships' ballast water from the federal Clean Water Act. The provision, if it remains in the so-called Coast Guard Authorization Act, could thwart years of efforts to get ship owners to treat their ballast water to prevent releasing invasive species. Those species often hitchhike from faraway ports in Europe and Asia and, if they survive the trip, can be released into U.S. ports, including the Great Lakes. That's what scientists say happened with zebra mussels, goby, ruffe, spiny water fleas and other species that are spreading in U.S. waters.” [Duluth News Tribune, 4/16/18 (=)]

·      Bill Would Let Coast Guard Set Ballast Discharge Regulations. [Michigan Radio 91.1 NPR, 4/16/18 (=)]