Judge Weighs ‘Best Industry Practice’ In CWA Suit Over Climate Resiliency

November 8, 2023
A federal district judge says he will consider whether “best industry practice” for minimizing water pollution involves preparing for future climate change impacts when he decides environmentalists’ novel suit claiming a Shell Oil terminal’s Clean Water Act (CWA) permit requires climate considerations. The move rejects Shell’s argument that the lack of any explicit mandate in the permit should doom the case. “The Court concludes that the permit unambiguously imposes a minimization duty that in turn references and incorporates best industry...

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