NPDES, SCOTUS | JD Supra Law News

Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting

by Lawrence R. Liebesman | Holland & Knight LLP on 4/12/2013

On March 20, 2013, the U.S. Supreme Court issued an opinion in Decker v. Northwest Environmental Defense Center that addresses the issue of "whether the Clean Water Act and its implementing regulations require permits before...more

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 4/8/2013

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

No Permit Required For Timber Harvesting

by Darlene Marsh | Burr & Forman on 4/5/2013

The U. S. Supreme Court’s March 20, 2013, decision in Decker v. Northwest Environmental Defense Center is good news for the logging industry. The Clean Water Act (Act) and EPA’s Silvicultural Rule (Regulation) do not require...more

No Permits Required for Channeled Stormwater Discharges from Logging Roads

by Victoria Hollinger | Morgan Lewis on 3/27/2013

Supreme Court ruling gives deference to EPA's interpretation of its own regulations. On March 20, the U.S. Supreme Court ruled in the consolidated cases of Decker v. Northwest Environmental Defense Center and...more

Supreme Court Confirms EPA’s Interpretation That Logging Roads Do Not Require NPDES Permits

by Chris Carr, Shaye Diveley | Morrison & Foerster LLP on 3/22/2013

In a 7-1 decision overruling the Ninth Circuit, the U.S. Supreme Court today upheld the Environmental Protection Agency’s (“EPA”) long-standing interpretation that stormwater run-off from logging roads are exempt from NPDES...more

U.S. Supreme Court: NPDES Permits Are Not Required For Logging Road Stormwater Runoff

by Robert Maynard | Perkins Coie on 3/22/2013

The U.S. Supreme Court has reversed a 2010 Ninth Circuit Court of Appeals decision and reaffirmed that a federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) point source discharge permit is not...more

Logging Road Runoff Does Not Require an NPDES Permit: The Supreme Court (For Now) Defers to EPA’s Interpretation of Its Own...

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 3/21/2013

Yesterday, in Decker v. Northwest Environmental Defense Center, the Supreme Court ruled that runoff from logging roads does not constitute a discharge from a point source that requires an NPDES permit. The decision upholds...more

Supreme Court Offers Comfort To Owners Of Dams And Water Control Facilities

by Timothy J. Lundgren | Varnum LLP on 1/16/2013

In a ruling that has important implications for the hydropower industry, municipal water control systems, and dam owners everywhere, the U.S. Supreme Court strongly affirmed an earlier holding that a "discharge of a...more

Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act

by James Rusk | Sheppard Mullin Richter & Hampton LLP on 1/11/2013

The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for purposes of the Clean Water Act (“CWA”) and thus involves no CWA violation,...more

U.S. Supreme Court Reaffirms Settled Precedent for Regulating Transfers of Water Through Stormwater Systems and Other Water...

by Amy L. Edwards, Jerrold Ganzfried, Lawrence R. Liebesman | Holland & Knight LLP on 1/11/2013

On January 8, 2013, the U.S. Supreme Court unanimously overturned a judgment of the U.S. Court of Appeals for the Ninth Circuit that would have had vast consequences for stormwater systems and other water infrastructure...more

Supreme Court Decision Good News for Dam Owners

by Lisa Doehl, Richard Glick | Davis Wright Tremaine LLP on 1/10/2013

On Jan. 8, 2013, the U.S. Supreme Court unanimously held that flow from an improved portion of a waterway into an unimproved portion of the same waterway — even if polluted — does not qualify as “discharge of pollutants”...more

Swimming Upstream: 9th Circuit CWA Cases Heading To SCOTUS

by Sheppard Mullin Richter & Hampton LLP on 8/20/2012

Originally published in Law360, New York on August 17, 2012. The U.S. Supreme Court has agreed to review two U.S. Ninth Circuit Court of Appeals Clean Water Act (CWA) cases. Both cases involve the extent to which...more

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