Jump to Navigation
Jump to Content

permit shield

Sierra Club v. ICG Hazard, LLC

ELR Case

The Sixth Circuit held that the CWA's permit shield protects a surface coal mining company from liability for selenium discharges. The company, which operates under a state-issued general NPDES permit, discharged selenium into...

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

ELR Case

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-...

Southern Appalachian Mountain Stewards v. A&G Coal Corp.

ELR Case

The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. The company argued...

Ohio Valley Environmental Coalition v. FOLA Coal

ELR Case

A district court held a mining company liable under SMCRA and the CWA for discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the CWA's permit shield defense protected it from liability...

Wisconsin Resources Protection Council v. Flambeau Mining Co

ELR Case

The Seventh Circuit reversed a lower court decision finding a Wisconsin mine operator liable under the CWA for discharging copper into navigable waters without a permit. The CWA's permit shield provision provides that if a NPDES permit...

Southern Appalachian Mountain Stewards v. A&P Coal Corp.

ELR Case

A district court held that a mining company is liable under the CWA for the unpermitted discharge of selenium at one its surface mines. The company did not dispute that it has been discharging selenium from the mine, nor did it contest...