Supreme Court hears oral arguments about logging roads

In August 2010, the US Court of Appeals for the Ninth Circuit reversed a lower court decision and ruled that some forest roads are “point sources associated with industrial activity” and are thus subject to NPDES permitting under the Clean Water Act (NEDC v. Brown). In May 2011, the Ninth Circuit denied a petition for rehearing of the case. Defendants subsequently submitted petitions to the United States Supreme Court seeking review of the Ninth Circuit’s decision.

In June 2012, the US Supreme Court agreed to review the Ninth Circuit’s ruling in a proceeding now known as Decker v. NEDC. The Supreme Court heard oral arguments in this case on December 3, 2012. A transcript and audio recording of the proceedings are posted at  

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