Implications Of NEDC V. Brown

Law360, New York (June 1, 2011, 2:01 PM EDT) -- Last August, in Northwest Environmental Defense Center (NEDC) v. Brown, 617 F.3d 1176, the U.S. Court of Appeals for the Ninth Circuit severely limited the application of the U.S. Environmental Protection Agency’s Silviculture Rule, 40 C.F.R. § 122.27. On May 17, the court denied a petition for rehearing and rehearing en banc, leaving its prior construction of the rule in place.

The Silviculture Rule excluded from the National Pollution Discharge Elimination System (NPDES) "point source" permitting requirements certain silviculture (forestry) activities such as nursery operations, site...
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