6th Circuit's Split Ruling Sets Test For Scope Of CWA General Permit 'Shield'

The U.S. Court of Appeals for the 6th Circuit has issued a precedent-setting split ruling that sets a test for when a Clean Water Act (CWA) general permit can “shield” companies from citizen suit enforcement, expanding the scope of a 4th Circuit test on using the shield for individual CWA permits to broader general permits. The 2-1 ruling issued Jan. 27 in Sierra Club v. ICG Hazard , which affirms a lower court's decision, is the first appellate decision to...