A Sixth Circuit Court of Appeals panel has ruled for the first time that the Clean Water Act’s (CWA) permit shield defense protects a permittee covered under a General Permit from a citizen suit alleging discharges of toxins not specifically authorized by the permit. The 2-1 ruling issued January 27 in Sierra Club v. ICG Hazard, No. 13-5086 (6th Cir. Jan. 27, 2015) is the first federal appellate decision extending the two-part permit shield test adopted by the Fourth Circuit in Piney Run Preservation Association v. County Commissioners of Carroll County, MD, 268 F. 3d 255 (4th Cir. 2001) to… Read more