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.
