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Cracks In EPA Permit Shields? Circuits Will Assess Damage

Law360, New York (June 4, 2014, 4:47 PM EDT) -- The Clean Water Act and Clean Air Act both have permit-shield provisions.[1] These provide, with some limitations, that persons who have valid permits and are in compliance with the permit limitations, are deemed to be in compliance with all aspects of the law related to their discharge or emissions. These sections provide a defense, for example, to citizen suits alleging violations of the statute based on activities approved by the permit. Although seemingly straightforward, the scope of the shield as applied to different fact situations has been subject to extensive analysis and interpretation by federal courts construing these provisions.

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