Articles

Further review in the Fourth Circuit's permit shield decision?

October 30, 2014 | By DAMIEN SCHIFF

The Clean Water Act generally forbids the unpermitted discharge of pollutants into regulated waters.  But in addition to exempting from liability the permitted discharge of pollutants, the Act provides further protection for permittees for some unpermitted discharges.  Specifically, the Act’s “permit shield” provision, as interp ...