Three states and several major mining, energy and other industry groups are asking the Supreme Court to review a Clean Water Act "shield" against legal liability according to an April 7, 2015 Inside EPA article. In an amicus brief filed earlier this month, the states and industry groups argue that the Court should reverse a lower court's "hyper-technical" reading of the Environmental Protection Agency's multi-sector general permit for stormwater. They argue that the lower court's ruling will open "good faith permit holders" to citizen suits and other enforcement actions.
Kathryn K. Floyd, Jay C. Johnson and Laura E. Boorman filed the brief on behalf of the states and industry groups.