WebJan 12, 2024 · 4th Circuit Clarifies Application of Clean Water Act Permit Shield, Requires Strict Permit Compliance. The U.S. Circuit Court of Appeals for the Fourth Circuit … Web• The permit shield provision of the Clean Water Act provides that when a permit holder is in compliance with its NPDES permit, it is automatically in compliance with certain sections …
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WebApr 22, 2024 · Courts have held that the “permit shield” covers all discharges that were “adequately disclosed to the permitting authority.” The Surface Mining Act prohibits … WebJan 12, 2024 · Fola attempted to invoke the Clean Water Act’s “permit shield.” The Circuit Court held that Fola was not entitled to the protections of the permit shield because the company did not comply with the conditions of its permit, namely the boiler plate water quality standards provision. can you take both paracetamol and ibuprofen
New circuit split raises questions about ‘permit shield’ …
WebThis protection from liability is known as the “permit shield” defense. 5 To rely on the permit shield, a permit holder must prove, under the so-called Piney Run test: Compliance with the express terms of the permit and with the Clean Water Act's disclosure requirements, and WebA Sixth Circuit Court of Appeals panel has ruled for the first time that the Clean Water Act’s (CWA) permit shield defense protects a permittee covered under a General Permit … Webachieving technology-based limitations. Later, a permit program was added to the Clean Air Act, and the Clean Water Act has increasingly focused on achieving ambient water quality standards. 7. See supra note 3 and 33 U.S.C. § 1342. Permits issued under the 1899 act were deemed permits under the 1972 act and vice versa. 33 U.S.C. § 1342(a)(4). can you take both claritin and zyrtec