Quoted, Clean Water Act Permit Shield, Law360

6th Circ. Permit Shield Decision Benefits Industries

Law360

Representing a coalition of national trade associations, Karma Brown says the Sixth Circuit decision confirms that the protections of the Clean Water Act permit shield extend to National Pollutant Discharge Elimination System (NPDES) general permits. The “broader implications” of the decision are that permittees, operating pursuant to a broad range of NPDES general permits issued by EPA and delegated states, have greater assurance that, so long as they operate in accordance with the terms and conditions of the applicable general permit, they are protected from suit. Brown focuses on environmental and administrative law issues with an emphasis on litigation and regulatory compliance with the Clean Water Act, National Environmental Policy Act, and Endangered Species Act.