The "permit shield" provision of the Clean Water Act can protect those with individual NPDES permits from liability for stormwater discharges, provided that certain conditions are met. However, whether the same is true with general permits – those not granted to a particular discharger -- has been the subject of recent challenges in federal circuit courts across the country, and with differing results. Without clear guidance, permit holders - and environmental advocacy groups filing citizen suits - are left unsure of what is allowed and the potential liabilities at stake. This program will look at the precedent-setting rulings and the guidance they provide on the scope of the permit shield as it applies to individual and general permits
A panel of lawyers representing defendants engaged in active appellate litigation on these issues will discuss:- Overview of the CWA permit shield
- Recent permit shield decisions in the 4th, 6th, and 9th Circuits, including Sierra Club v. ICG Hazard, LLC, Alaska Community Action on Toxics v. Aurora Energy Services, LLC, and Sherrill v. Mayor and City Council of Baltimore and the pending petition for certiorari in the U.S. Supreme Court
- Significance of revisions to the proposed Multi-Sector General Permit for stormwater discharges from industrial activity
- Potential impacts to industry
Planning Chair and Speaker:
M. Rosewin Sweeney, Venable LLP
Additional Speakers:
Chris M. Hunter, Jackson Kelly PLLC
John C. Martin, Crowell & Moring LLP
For more information, please visit the American Law Institute Continuing Legal Education website.