QUESTIONS REMAIN FOR THE TIMBER INDUSTRY AFTER SUPREME COURT'S DECISION IN DECKER V. NORTHWEST ENVIRONMENTAL DEFENSE CENTER

摘要

After the Ninth Circuit's decision in Northwest Environmental Defense Center v. Decker (NEDC v. Decker) required Clean Water Act (CWA) permits for stormwater discharges from logging roads, the timber industry was placed in the difficult position of facing potential enforcement actions despite no practicably available permitting scheme. The Supreme Court's reversal of that decision, in Decker v. Northwest Environmental Defense Center (Decker), provides reassurance to the timber industry, other landowners and agencies in the West and elsewhere. However, due to the limited scope of the Supreme Court's opinion, the timber industry still faces the potential for further regulation under the CWA "Phase Ⅱ" stormwater program. This article discusses the NEDC v. Decker litigation, including its background and aftermath, underscores the practical difficulties in effectively regulating stormwater discharges from logging roads through the Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit program, and highlights several related issues that remain unresolved.