Legal Opinion
Upstate Forever v. Kinder Morgan Energy Partners, L.P.
Court of Appeals for the Fourth Circuit
Decided April 12, 2018No. 17-1640PublishedCited by 85 opinions
1Opinion of the Court
BARBARA MILANO KEENAN, Circuit Judge:
In late 2014, several hundred thousand gallons of gasoline spilled from a rupture in a pipeline owned by Plantation Pipe Line Company, Inc., a subsidiary of Kinder Morgan Energy Partners, LP (collectively, Kinder Morgan), near Belton, South Carolina. It is undisputed that the gasoline has seeped into nearby waterways, and the plaintiffs allege that the gasoline has continued to travel a distance of 1000 feet or less from the pipeline to those "navigable waters."
Two plaintiff conservation groups brought a "citizen suit" under the Clean Water Act (the CWA,…
2Cases cited30 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
- Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
- Richmond, Fredericksburg & Potomac Railroad Company v. United StatesCourt of Appeals for the Fourth Circuit · 1991
- David Wayne Evans v. B.F. Perkins CompanyCourt of Appeals for the Fourth Circuit · 1999
25 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- County of Maui v. Hawaii Wildlife FundSupreme Court of the United States · 2020
- Sierra Club v. Va. Elec. & Power Co.Court of Appeals for the Fourth Circuit · 2018
- Ky. Waterways Alliance v. Kentucky Util. Co.Court of Appeals for the Sixth Circuit · 2018
- Day, LLC v. Plantation Pipe Line Co.District Court, N.D. Alabama · 2018
- CASA De Md., Inc. v. TrumpDistrict Court, D. Maryland · 2018
80 more not listed; retrieve them via the Exa API.