A recent Sixth Circuit decision on permit shield protection reinforces the importance of full disclosure to the permitting agency.  The Sixth Circuit found a coal company was shielded from Clean Water Act liability for discharges exceeding state water quality standards by a state NPDES general permit.   This is the latest decision in a series of cases where courts have wrestled with the scope of protection afforded by the CWA’s permit shield provision.  See 33 U.S.C. § 1342(k). 
Continue Reading Court Affirms Disclosure in NPDES Permitting Is Critical to Permit Shield