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THE LONG AND WINDING ROAD CONTINUES
An Update: Northwest Environmental Defense Center v. Decker
After nearly six years of litigation, the issue of whether or not stormwater runoff from forest roads is subject to permitting under the Clean Water Act ("CWA”) finally appeared to be nearing an end when the Supreme Court agreed to review the issue in NEDC v. Decker. Although the Court heard oral arguments on December 3, 2012, last minute maneuvers by the Environmental Protection Agency ("EPA”), which was not even a party to the case, complicated the Court’s decision to such an extent that the Court may be unable or unwilling to resolve this key issue with national implications. The following is a brief look back at the road that has led to this point and what may lay ahead for this important issue.
By Richard W. Goeken, Partner, Smith, Currie & Hancock, LLP
Published in Jan / Feb 2013 Issue of Forest Landowner Magazine