Quick Reference Guide - "The Clean Water Act on Trial"
About the case:
Began in Oregon on Tillamook State forest
Formally known as the Decker vs. Northwest Environmental Defense Center and Georgia-Pacific West Inc. vs. Northwest Environmental Defense Center consolidated case
Has now been brought to the U.S. Supreme Court
Central Issues:
Whether logging road operators should have to obtain Clean Water Act (CWA) discharge permits for ditches, drains and culverts that channel runoff similar to industrial storm water
Where should forestry activity fall on the regulatory scale when it comes to permitting
Does the Clean Water Act apply to runoff from logging roads?
Before oral arguments were heard before the Supreme Court, the EPA announced a new rule stating that permits were not required for runoff of this kind
Following that announcement:
Government asked for the case to be dismissed
Lumber companies asked for the case to continue to a decision on provisions in CWA underlying the case, but this element has not previously been ruled on
Environmental groups suggested dismissing the appeal and letting lower courts decide, noting that the new rule adds more complications and ambiguities
