United States Ninth Circuit

In an action brought by environmental conservation groups against the Forest Service for allegedly failing to comply with section 401 of the Clean Water Act (CWA) in its issuance of grazing permits on Forest Service lands, judgment on the pleadings in favor of the Forest Services is affirmed where: 1) contrary to plaintiffs' claim, Oregon Natural Desert Ass'n v. Dombeck, 172 F.3d 1092 (9th Cir. 1998) remains good law for purposes of the circuit court's treatment of discharge of pollutants from nonpoint sources in section 401 of the Act; and 2) thus, principles of stare decisis applied to bar plaintiffs' claim.

Appellate Information

• Argued 10/20/2008
• Decided 12/11/2008
• Published 12/11/2008

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  DAVID R. THOMPSON, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David H. Becker and Peter M. Lacy, Oregon Natural Desert Association;  Daniel P. Mensher, Pacific Environmental Advocacy Center;  Kristin F. Ruether, Advocates for the West, for the plaintiffs-appellants.


• For Appellees:
  
• Ronald J. Tenpas, Assistant Attorney General;  Russell Young and Lisa E. Jones, United States Department of Justice Environment & Natural Resources Division, for the defendant-appellee.