Navigating the Clean Water Act Permit Shield Absent Clear Court Guidance
Understanding the Scope of the Shield, Leveraging the Defense, Minimizing Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to counsel of National Pollutant Discharge Elimination System (NPDES) permit holders and challengers on the scope of the Clean Water Act’s Sect. 402(k)’s permit shield, recent appellate court decisions that raise questions about the shield, and the implications of those decisions. The panel will offer best practices for general and individual permits and the use of the permit shield defense.
- Scope of Section 402(k)’s permit shield
- EPA’s historical interpretations
- Recent appellate court decisions
- Southern Appalachian Mtn Stewards v. A & G Coal Corp. (4th Cir. July 2014)
- Alaska Community Action v. Aurora Energy Serv. (9th Cir. Sept. 2014)
- Sierra Club v. ICG Hazard (6th Cir. Jan. 2015)
- Implications of those decisions
- Government’s position on the permit shield
- Best practices
- General and individual permits – applications and permitting
- Use of the permit shield defense
The panel will review these and other key issues:
- What is the scope of the permit shield for individual permits? For general permits?
- What impact will the recent federal court decisions have for permit holders? For future permit holders?
- What steps should counsel take to leverage the permit shield and minimize risk of liability?
David T. Buente, Jr.
Mr. Buente is co-leader of the Firm’s Environmental group and represents clients in complex environmental... | Read More
Mr. Buente is co-leader of the Firm’s Environmental group and represents clients in complex environmental litigation and rulemaking matters, with an emphasis on Clean Air Act (CAA), Clean Water Act, CERCLA (Superfund) and RCRA, environmental criminal and toxic tort litigation. Building upon his 15 years as an environmental prosecutor, including at the Department of Justice (DOJ) where he served as Chief, Environmental Enforcement Section, corporations turn to him for representation in complex federal environmental enforcement matters with DOJ and EPA and in defending toxic tort claims by states and private parties.Close
Chris M. Hunter
Mr. Hunter's practice includes litigation and client counseling on environmental matters at the state and federal... | Read More
Mr. Hunter's practice includes litigation and client counseling on environmental matters at the state and federal levels with a primary focus on providing advice on permitting, surface and water pollution, and other environmental mining issues. Mr. Hunter is frequently engaged in CWA matters, including permit shield cases. He was named in the 2013‑2015 editions of West Virginia Super Lawyers® Rising Stars for Environmental Litigation Law.Close