Fourth Circuit Holds NPDES Permit Is Not An Absolute Shield From CWA Liability
February 10, 2017
Claudia V. Colón García-Moliner
MGKF Litigation Blog
The Clean Water Act (“CWA”) generally forbids discharging contaminated effluent into waters of the United States unless the discharger holds a National Pollution Discharge Elimination System (“NPDES”) permit. Once a discharger holds a permit, they are shielded from discharge related liability- unless, as the Fourth Circuit observed in the recent case of Ohio Valley Environmental Coalition v. Fola Coal Company, LLC, No. 161024 (4th Cir., 1/04/2017), the permit holder is noncompliant.
