United States Ninth Circuit
Northwest Env. Def. Ctr. v. Brown, 07-35266
In an action claiming that defendants violated the Clean Water Act (CWA) and its implementing regulations by not obtaining permits from the Environmental Protection Agency for stormwater -- largely rainwater -- runoff that flows from logging roads into systems of ditches, culverts, and channels and is then discharged into forest streams and rivers, dismissal of the action is reversed where the discharges were not exempted from the National Pollutant Discharge Elimination System permitting process by the Silvicultural Rule, 40 C.F.R. section 122.27, promulgated under the CWA to regulate discharges associated with silvicultural activity.
Appellate Information
- Decided 08/17/2010
- Published 08/17/2010
Judges
- William B. Fletcher
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Paul A. Kampmeier, Marc Abrams