2 Analyses of this case by attorneys

  1. Aurora Energy Decision Deems Discharges Prohibited, Leaves Open Question of Permit Shield Applicability

    Pillsbury Winthrop Shaw Pittman LLPNorman CarlinSeptember 18, 2014

    268 F.3d 255 (4th Cir. 2001). 940 F. Supp. 2d 1005 (D. Alaska 2013). 940 F. Supp. 2d at 1016–1022.

  2. Coal and Transportation Companies Challenge Ninth Circuit Decision Limiting CWA Permit Shield Defense

    Beveridge & Diamond PCRichard DavisMarch 18, 2015

    The district court had held that the CWA’s Section 402(k) permit shield protected the petitioners from liability because the coal dust discharges were properly disclosed to the permitting authority and were not strictly prohibited by the Multi-Sector General Permit for industrial stormwater (“MSGP”) under which the coal loading facility operated. 940 F. Supp. 2d 1005 (D. Alaska 2013). The Ninth Circuit reversed that decision and held that the MSGP did not “shield” the defendants from CWA liability because the falling coal dust was not an authorized “non-stormwater” discharge according to the terms of the permit.