Court Should Rule Undisclosed Discharges Not Entitled to Permit Shield, Advocates Say

摘要

A federal district court correctly determined A&G Coal Corp.'s selenium discharges aren't protected under the Clean Water Act permit shield, environmental groups said in a brief filed in a federal appeals court (S. Appalachian Mountain Stewards v. A&G Coal Corp., 4th Cir., No. 13-2050, 2/3/14). The U.S. District Court for the Western District of Virginia was right to rule that the Virginia coal company couldn't use the permit shield defense because the company didn't list selenium in its Clean Water Act Section 402 National Pollutant Discharge Elimination System permit application, Southern Appalachian Mountain Stewards, the Sierra Club and Appalachian Mountain Stewards said in the Feb. 3 brief to the U.S. Court of Appeals for the Fourth Circuit.