United States Supreme Court

In a citizen suit brought under the Clean Water Act (CWA) alleging that defendants had not obtained National Pollutant Discharge Elimination System (NPDES) permits before discharging stormwater runoff into two Oregon rivers, the EPA's interpretation of its regulation to exclude the type of stormwater discharges from logging roads at issue here is a reasonable one and accorded deference, where: 1) the present action falls within the scope of 33 U.S.C. section 1365 because the suit is against an alleged violator and seeks to enforce an obligation imposed by the CWA or its regulations; 2) the EPA's recent amendment to the Industrial Stormwater Rule does not make the cases moot; and 3) the preamendment version of the Industrial Stormwater Rule, as permissibly construed by the EPA, exempts discharges of channeled stormwater runoff from logging roads from the NPDES permitting scheme.

Appellate Information

• Decided 03/20/2013
• Published 03/20/2013

Judges

• KENNEDY

Court

• United States Supreme Court

Counsel