9th Circ. Won't Rehear Logging Runoff Permit Challenge

Law360, New York (May 17, 2011, 7:52 PM EDT) -- The Ninth Circuit on Tuesday refused to reconsider its holding that runoff from logging roads in Oregon's Tillamook State Forest was subject to permitting requirements under the Clean Water Act, a decision that timber companies claimed misconstrued federal regulations.

The three-judge panel that decided the Aug. 17 opinion voted unanimously to deny the petitions for rehearing by timber companies and regulators who argued that the runoff was exempt from permitting requirements. No other judge in the Ninth Circuit requested a vote on whether to rehear the...
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