4th Circuit Backs CWA Permit Shield Defense In Virginia Coal Mining Case

April 1, 2021
The U.S. Court of Appeals for the 4th Circuit has joined another appellate court in finding that the Clean Water Act’s (CWA) “permit shield” prevents a coal mining company from being held liable for certain discharges under federal surface mining law, affirming a ruling from a federal district court in Virginia. The question before the 4th Circuit in Southern Appalachian Mountain Stewards, et al. v. Red River Coal Company was whether an operator can be held liable under the...

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