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Environmental Blog

  • 19
  • December
  • 2013

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Could the permit shield become a fig leaf?

The Sixth Circuit Court of Appeals is currently considering a case that has the potential to narrow the scope of the Clean Water Act’s (CWA) permit shield. On October 8, 2013, the panel heard oral arguments in Sierra Club v. ICG Hazard, LLC. The case is an appeal of a ruling by the District Court for the Eastern District of Kentucky holding that the permit shield protected a CWA general permit holder from liability even though the permit did not expressly allow for the specific discharge at issue.

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