EPA Surprises U.S. Supreme Court

Earlier we reported on a 9th Circuit case that invalidated a longstanding EPA policy that forest roads were required to obtain storm water permits from the U.S. Environmental Protection Agency.  The case, Decker v. Northwest, was set for oral argument before the U.S. Supreme Court on Monday, December 3; however, just days before, the U.S. EPA finalized a rule exempting forest roads from coverage under the Clean Water Act’s storm water permitting provisions.  It is not clear if the Supreme Court will rule on the merits, or remand the case to the 9th Circuit in light of the new rule. 

 For more information, please contact Mark Pottorff or Phillip Hoover.

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