Posted May 5, 2014
A federal judge denied a motion to dismiss in a lawsuit over the stormwater discharge exemption for logging roads, Decker v. Northwest Environmental Defense Center,according to an article by Capital Press available here.
Decker, consolidated with a similar case was decided by the U.S. Supreme Court on March 20, 2013. In a 7-1 ruling, the Supreme Court reversed the Ninth Circuit Court of Appeals, holding that an NPDES permit is not required for stormwater discharges from logging roads and the decision to require such permits is under EPA authority.
Plaintiff, the Northwest Environmental Defense Center (NEDC), argues that certain claims survived the Supreme Court ruling, claiming that “rock crushing, gravel washing, log sorting and log storage facilities are not exempt from the Clean Water Act.”
The State of Oregon and timber companies, defendants, argue that the case is over and there is nothing left to litigate. Per Ramfjord, attorney for the timber, companies said the issue was not mentioned in the plaintiff’s complaint or notice-of-intent-to-sue letter.
In her denial of the defendant’s motion to dismiss, Judge Brown said that dismissing the case now without letting NEDC further develop its argument would open the door for its reinstatement by the 9th Circuit.
Another oral argument is scheduled for August 14.
For more information on the Clean Water Act and Forestry, please visit the National Agricultural Law Center’s website hereand here.
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