Monday, the U. S. Supreme Court heard arguments on the “forest roads” case. Under the Ninth Circuit Court of Appeals decision, timber operations are now considered point source pollution, rather than nonpoint source pollution, and are subject to stormwater permits under the Clean Water Act. NACD supports forest roads as nonpoint source pollution and has been working with our partners in the forestry community, led by the National Alliance of Forest Owners (NAFO), to monitor and remain engaged on this important issue.
“This case has attracted such widespread attention and support for the petitioners because the Ninth Circuit was so fundamentally wrong,” said Dave Tenny, NAFO CEO and President. “We hope the Court will uphold the EPA’s 35 years of success regulating forest roads as nonpoint sources through state-administered Best
Management Practices that have been proven to protect and improve water quality.”
Forest owners, operators, and the State of Oregon defended the U.S. Environmental Protection Agency’s (EPA) longstanding treatment of forest roads as nonpoint sources of pollution under the Clean Water Act. On Friday, EPA released its final rule clarifying that logging and forest roads are not industrial activities subject to point source stormwater permits. Several organizations, including NAFO, have said that the release of this rule was premature given the legal uncertainty caused by releasing the rule before the case has been decided by the Supreme Court.
According to a NAFO study (PDF), allowing the Ninth Circuit decision to stand could cause significant and far-reaching economic harm to forest owners and communities nationwide.
For the latest information on the forest roads case, visit nafoalliance.org.