[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more
Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the nature of its discharge. Now we see the flip side. In Wisconsin Resources...more
The Clean Water Act permit shield provision provides that compliance with an NPDES permit constitutes compliance with the CWA. What happens the permit does not mention a particular pollutant? In Southern Appalachian...more