Surface Mining Control and Reclamation Act: Federal Appellate Court Addresses Whether Clean Water Act Permit Shield Provides Protection Under Both Statutes
By EsqSocial Corporation 08/04/21
The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red River Coal Company, Incorporated, No. 19-2194. The question addressed was to what extent the Clean Water Act Permit Shield also provides protection from liability for an operator subject to equivalent federal Surface Mining Control and Reclamation Act (“Surface Mining...
By: Mitchell, Williams, Selig, Gates & Woodyard,