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