To embed, copy and paste the code into your website or blog: Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about how to regulate the discharges or emissions, including what type of permit to issue. Sometimes the state agency gets it wrong, and then citizen groups sue. In that instance, one in which the regulated party relied on the state agency and did what it was told to do, does the regulated party win or lose? That depends on the facts, but there are at least two cases, including one just decided by the Fourth Circuit, that give hope to regulated parties that find themselves in this position. These cases were decided under the Clean Water Act (“CWA”), but the principles and rationale apply equally to enforcement cases under other environmental laws.