Southern Appalachian Mountain Stewards v. A&G Coal Corp.

ELR Citation: 44 ELR 20154
No(s). 13-2050 (4th Cir. Jul 11, 2014)

The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. The company argued that because it disclosed the pollutants that it knew or had rea...