Southern Appalachian Mountain v. A & G Coal Corp., No. 13-2050 (4th Cir. 2014)Annotate this Case
A&G owns and operates the Kelly Branch Surface Mine in Virginia. Plaintiff filed suit against A&G for declaratory and injunctive relief and civil penalties, contending that A&G was violating the Clean Water Act (CWA), 33 U.S.C. 1251 et seq., by discharging selenium from Kelly Branch without authorization to do so. The court held that A&G could not assert a "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. Accordingly, the court affirmed the district court's grant of summary judgment to plaintiff.