In response to the U.S. Supreme Court’s failure to establish definitive guidelines in a recent case, Rapanos v. U.S.,1 the U.S. EPA and the Army Corps of Engineers issued a proposed regulation2 redefining the “waters of the...more
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
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
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
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
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
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
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
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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