Apartment Complex Owner's Clean Water Act Claim Survives Dismissal

Apartment Complex Owner's Clean Water Act Claim Survives Dismissal

PHILADELPHIA - A federal judge in Pennsylvania on Nov. 21 held that an apartment complex owner sufficiently stated a claim under the Clean Water Act (CWA) based on how oil leaked from an underground storage tank on a nearby college campus to a navigable waterway of the United States but dismissed the plaintiff's claim under the Oil Pollution Act of 1990 (OPA), ruling that migration of oil from soil to groundwater does not constitute a discharge under the statute (Tri-Realty Company v. Ursinus College, No. 11-5885, E.D. Pa.; 2013 U.S. Dist. LEXIS 165471).

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