Two cases on the stormwater discharge exemption for forestry roads, Decker, et al.v. Northwest Environmental Defense Center,et al. and Georgia-Pacific West, Inc., et al. v. Northwest Environmental Defense Fund, et al., have been consolidated and granted certiorari by U.S. Supreme Court. In 2011 the Ninth Circuit held that logging roads are point sources of pollution and further held that they are industrial in nature so those entities building them should have applied for National Pollution Discharge Elimination System (NPDES) permits.
In the past, loggers have used Best Management Practices (BMP) to control runoff; however the Ninth Circuit’s decision has created some uncertainty. According to Montana Farm Bureau, “the U.S. Court of Appeals for the Ninth Circuit invalidated the Environmental Protection Agency’s Silviculture Rule, relied on by forest landowners for 35 years.”
The Supreme Court is expected to hear oral arguments for the case either this fall or winter and issue a final decision by next spring or early summer.
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