Environmentalists are urging the Supreme Court to reject calls from some states and energy groups to overturn a case that critics say created an appellate court split on the scope of a "shield" from liability under the Clean Water Act (CWA), with advocates countering that the ruling used the same test for the shield as other courts have. In a May 4 brief, the environmental group Alaska Community Action on Toxics (ACAT) and the Sierra Club urge the justices to let stand the U.S. Court of Appeals for the 9th Circuit's ruling that held an Alaska coal company liable for releases of solid coal under an EPA Clean Water Act (CWA) storm water permit. They argue the ruling has no broader impact on the CWA shield's scope despite industry claims that it could drastically weaken the law's protections.See page 2 for details. (Doc. ID: 181135) Circuit splits are typically vital for the justices to accept a petition for a writ of certiorari asking the court to resolve a major legal issue. But environmentalists say that the 9th Circuit echoed other appellate courts in how they reviewed whether the shield applied in the case ACAT, et al. v. Aurora Energy Services, LLC, et al.
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