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Questioning Permit-Holder CWA Protections At The 4th Circ.

Law360, New York (November 3, 2016, 11:56 AM EDT) -- On Oct. 27, 2016, oral arguments were held in Ohio Valley Environmental Coalition Inc. v. Fola Coal Company LLC, where the Fourth Circuit was asked to decide whether a permittee can be held liable under the Clean Water Act for violations based on a limit it had no prior notice or reason to believe that the permit would impose. The case is on appeal from the U.S. District Court for the Southern District of West Virginia, Huntington. The lower court found that boilerplate language incorporating by reference a general prohibition on discharges in violation of water quality standards became an enforceable condition on Fola's discharge permit. ...

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