"For nearly four decades, the EPA has cooperated with the states under established Clean Water Act authority to build a network of Best Management Practices providing flexible and effective water quality protection during forestry operations. This has been a Clean Water Act success story. The Ninth Circuit's decision threatens to upend this progress by replacing an efficient and flexible system that promotes clean water with a costly and inflexible permit requirement that invites additional litigation. In the end the Ninth Circuit's decision hurts forest owners and forests alike.
"While this is a significant first step, there is no guarantee that the Supreme Court will hear the case and reverse the Ninth Circuit Court's overstep. It does, however, provide the Administration and the Solicitor General an opportunity to submit to the Supreme Court a clear and unambiguous defense of EPA's longstanding and legally appropriate approach to regulating forest roads as nonpoint sources."
Access the Supreme Court order (click here, page 2). Access the Supreme Court docket (click here). Access a release from NAFO (click here). Access the complete Ninth Circuit opinion (click here). [*Water, *Land, *CA9, #SupCt]
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