Jump to Navigation
Jump to Content

Alaska Community Action on Toxics v. Aurora Energy Services, LLC

ELR Citation: 44 ELR 20201
Nos. 13-35709, (9th Cir., 09/03/2014)

The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the facility has been covered under the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity--a general NPDES permit--since 2001, the owner and operator argued that the discharges are authorized by the permit. But the court disagreed, finding that the plain terms of the general permit do not shield the defendants from liability under the CWA for their non-stormwater coal discharges. The court, therefore, reversed and remanded a lower court's ruling the contrary.