On June 25th, The United States Supreme Court announced that it will consolidate and hear two cases (Decker v. Northwest Environmental Defense Center and Georgia-Pacific West, Inc. v. Northwest Environmental Defense Center) about the classification of forest roads under the Clean Water Act. Previously, the Ninth Circuit held that the rainwater running off of forest roads was considered point pollution. The ninth circuit ruling means that forest roads are now required to be regulated under the federal National Pollution Discharge Elimination System.
Written by Joseph Negaard, Research Assistant
Penn State Law, Agricultural Law Center
June 29, 2012