High Court Leaves Road Wide Open For CWA Citizen Suits

Law360, New York (April 12, 2013, 12:55 PM EDT) -- The U.S. Supreme Court has determined that the U.S. Environmental Protection Agency had validly interpreted its regulations to hold that stormwater runoff from ditches along logging roads is exempt from National Pollutant Discharge Elimination System (NPDES) permitting under the Clean Water Act (CWA). The court’s decision to reverse the Ninth Circuit’s interpretation of the EPA’s rules will save many in the logging industry from the cost and expense of the permitting process.

The jurisdictional holding in Decker v. Northwest Environmental Defense Center (NEDC), however, leaves environmental...
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