The U.S. Chamber and industry groups filed an amicus brief addressing the new “functional equivalent” test for determining whether a discharge is covered by the Clean Water Act’s national pollution discharge elimination system permit program and urging the Fourth Circuit to remand case involving cleaned up pipeline leak to the district court for further factual development. Elbert Lin of Hunton Andrews Kurth LLP served as co-counsel for the amici.
Previously, the U.S. Chamber filed coalition amicus briefs in support of certiorari in the Supreme Court and rehearing en banc in the Fourth Circuit.
