The Impact Of Illinois' Natural Gas Leak Ruling

Law360, New York (February 23, 2016, 1:18 PM EST) -- Mark R. Ter Molen

Matthew C. Sostrin

Jaimy L. Hamburg In Northern Illinois Gas Company v. City of Evanston, 2016 (N.D. Ill. Feb. 10, 2016), the Northern District of Illinois recently held that alleged natural gas leaks from distribution pipelines are not “solid or hazardous waste” subject to the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. The ruling is important because it confirms that owners and operators of natural gas pipelines and storage facilities cannot be held liable under the RCRA for purported violations or endangerments posed by natural gas leaks.

The dispute arose after methane gas...

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