DECKER V. NORTHWEST ENVIRONMENTAL DEFENSE CENTER
133 S.Ct. 1326 (2013)
NATURE OF THE CASE: Decker (D) appealed a reversal of the dismissal of Northwest's (P)
action alleging failure to obtain permits.
FACTS: Under the Clean Water Act (Act) implementing regulations require permits before
channeled stormwater runoff from logging roads can be discharged into the navigable waters
of the United States. The Environmental Protection Agency (EPA), has issued a regulation
defining the term “associated with industrial activity” to cover only discharges “from any
conveyance that is used for collecting and conveying storm water and that is directly
related to manufacturing, processing or raw materials storage areas at an industrial plant.”
The EPA interprets its regulation to exclude the type of stormwater discharges from logging
roads at issue here. Under the rule, any discharge from a logging-related source that
qualifies as a point source requires an NPDES permit unless some other federal statutory
provision exempts it from that coverage. Congress has exempted certain discharges of
stormwater runoff. Congress directed the EPA to continue to require permits for stormwater
discharges “associated with industrial activity.” The statute does not define that term, but
the EPA adopted a regulation which did. P sued under the Clean Water Act's citizen-suit
provision. P alleged that D caused discharges of channeled stormwater runoff into waterways
and had not obtained NPDES permits, and so, the suit alleged, they had violated the Act. The
District Court dismissed concluding that NPDES permits were not required because the
ditches, culverts, and channels were not point sources of pollution under the Act and the
EPA’s Silvicultural Rule. The Court of Appeals reversed. It ruled that the discharges were
from point sources and not exempt from the NPDES permitting scheme by the Industrial
Stormwater Rule. The Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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