PUSHING THE NPDES ENVELOPE

Ninth Circuit Reissues Opinion Requiring NPDES Permits for Stormwater Discharges from Logging Roads

Members of Congress and a national trade association have been outspoken in their criticism of a recent Ninth Circuit decision requiring an NPDES wastewater discharge permit for channeled stormwater runoff from forest roads. Legislation has been introduced in the House and the Senate to overturn Northwest Environmental Defense Center v. Brown,

[1] which held that ditches and culverts that drain stormwater from forest roads are "point sources" that should have been regulated under Phase I of EPA's stormwater permitting program, adopted in 1990. See Ninth Circuit Reissues Opinion Requiring NPDES Permits for Stormwater Discharges from Logging Roads, Marten Law Environmental News (May 20, 2011). The American Forest & Paper Association, the Oregon Forest Industries Council, Tillamook County and four companies that own timberlands have meanwhile petitioned the U.S. Supreme Court to review the Ninth Circuit's decision.

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DID YOU KNOW..........

The Gulf Coast Dead Zone is said to be roughly the size of Rhode Island.  This is an area that can sustain little to no life.....amazing! 

The Gulf Coast Ecosystem Restoration Task Force, chaired by U.S. Environmental Protection Agency Administrator Lisa P. Jackson, today released for public review and feedback its comprehensive preliminary strategy for long term ecosystem restoration. The strategy, which will be presented to President Obama at the end of the public review period, represents an historic opportunity for addressing long-standing issues contributing to the decline of the Gulf's critical ecosystem. The preliminary strategy is the first effort of its kind to be developed with the involvement of parties throughout the region, including the states, tribes, federal agencies, local governments and thousands of interested citizens and organizations. The plan strategy, which builds upon on-going efforts underway in the Gulf Coast states includes specific steps for on-the-ground action and represents the Task Force's commitment to putting Gulf coastal restoration on an equal footing with other national priorities.

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