Court: State Law Does Not Authorize Ongoing Penalties For Contaminated Waterways

(January 20, 2017, 8:25 AM EST) -- HARRISBURG, Pa. — The Pennsylvania Commonwealth Court on Jan. 11 ruled that a provision in the state law governing clean waterways prohibits acts or omissions resulting in the initial active discharge or entry of industrial waste into waters of the state and is not a provision that authorizes the imposition of ongoing penalties for the continuing presence of an industrial waste in a waterway (EQT Production Company v. Department of Environmental Protection of the Commonwealth of Pennsylvania, No. 485 MD 2014, Pa. Cmwlth.)....

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