Piney Run Preservation Association v. County Commissioners
United States Court of Appeals for the Fourth Circuit
268 F.3d 255 (2001)
- Written by Jennifer Flinn, JD
Facts
The Piney Run Preservation Association (the association) (plaintiff) filed a lawsuit under the Clean Water Act (CWA) against the Commissioners of Carroll County, Maryland (county) (defendants), alleging that the county was discharging warm water into the Piney Run stream in violation of the county’s National Pollution Discharge Elimination System (NPDES) permit. The district court found that the county’s NPDES permit did not expressly prohibit the discharge of heat. However, the district court ruled in favor of the association, finding that the county was liable under the CWA for discharging pollutants that were not expressly authorized in its NPDES permit. The county appealed that decision.
Rule of Law
Issue
Holding and Reasoning (King, J.)
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