This week the Supreme Court reversed the May 2011 ruling in NEDC v. Brown that would require a National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges from logging roads.
While the favorable ruling upholds the policy to address stormwater runoff through state-based BMPs, federal, state, county, tribal and private forest owners nationwide remain vulnerable to new litigation, such as a recently filed case in the Ninth Circuit challenging the U.S. Environmental Protection Agency's December 2012 amendment to its stormwater discharge rule clarifying that forestry operations do NOT required for stormwater discharges from logging roads can be expected. NASF, alongside others in the broad forestry community, will continue to pursue legislation in Congress that reaffirms existing EPA regulations with respect to permitting requirements for silvicultural activities.