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DECKER, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER

Docket No.: 11-338
Argued: December 3, 2012
Decided: March 20, 2013
Consolidated with: 11-347

Topics:

Article I, Civil Procedure, Clean Air Act, Clean Water, Clean Water Act, EPA, Environmental Protection Agency, Natural Resources, judicial review, privacy, separation of powers

PartyNames: Doug Decker, in His Official Capacity as Oregon State Forester, et al. v. Northwest Environmental Defense Center
Petitioner: Doug Decker, in His Official Capacity as Oregon State Forester, et al.
Respondent: Northwest Environmental Defense Center

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 640 F3d 1063
Supreme Court Docket

Doug Decker, in His Official Capacity as Oregon State Forester, et al.
v.
Northwest Environmental Defense Center
Question Presented:

(1) Congress has authorized citizens dissatisfied with the Environmental Protection Agency's (EPA's) rules implementing the Clean Water Act's (CWA's) National Pollutant Discharge Elimination System (NPDES) permitting program to seek judicial review of those rules in the Courts of Appeals. See 33 U.S.C. § 1369(b). Congress further specified that those rules cannot be challenged in any civil or criminal enforcement proceeding. Consistent with the terms of the statute, multiple circuit courts have held that if a rule is reviewable under 33 U.S.C. § 1369, it is exclusively reviewable under that statute and cannot be challenged in another proceeding. Did the Ninth Circuit err when, in conflict with those circuits, it held that a citizen may bypass judicial review of an NPDES permitting rule under 33 U.S.C. § 1369, and may instead challenge the validity of the rule in a citizen suit to enforce the CWA? (2) In 33 U.S.C. § 1342(p), Congress required NPDES permits for stormwater discharges "associated with industrial activity," and delegated to EPA the responsibility to determine what activities qualified as "industrial" for purposes of the permitting program. EPA determined that stormwater from logging roads and other specified silvicultural activities is non-industrial stormwater that does not require an NPDES permit. See 40 C.F.R. § 122.26(b)(14). Did the Ninth Circuit err when it held that stormwater from logging roads is industrial stormwater under the CWA and EPS's rules, even though EPA has determined that it is not industrial stormwater?

DECKER, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER
ORAL ARGUMENT

December 3, 2012

Listen to Oral Argument in DECKER, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER
Holding: VACATED AND REMANDED|
Vote: 7-1

DECKER, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER
Case Documents

1SUPPLEMENTAL BRIEF FOR RESPONDENT PETITIONER
2REPLY BRIEF FOR PETITIONER
3Petition for Writ of Certiorari
4BRIEF FOR PETITIONER
5BRIEF AMICUS CURIAE OF PACIFIC LEGAL FOUNDATION, et al., IN SUPPORT OF PETITIONERS
6BRIEF OF AMICI CURIAE LAW PROFESSORS IN SUPPORT OF PETITIONERS
7BRIEF OF THE SOCIETY OF AMERICAN FORESTERS; NATIONAL ASSOCIATION OF STATE FORESTERS; ASSOCIATION OF CONSULTING FORESTERS OF AMERICA, INC.; NATIONAL ASSOCIATION OF FOREST SERVICE RETIREES; FORESTRY SCHOOLS; AND ACADEMICS AND FORESTRY PROFESSIONALS AS AMICI CURIAE IN SUPPORT OF PETITIONERS
8BRIEF FOR NATIONAL ALLIANCE OF FOREST OWNERS, FOREST RESOURCES ASSOCIATION, EMPIRE STATE FOREST PRODUCTS ASSOCIATION, FLORIDA FORESTRY ASSOCIATION, GEORGIA FORESTRY ASSOCIATION, LOUISIANA FORESTRY ASSOCIATION, MAINE FOREST PRODUCTS COUNCIL, MICHIGAN FOREST PRODUCTS COUNCIL, MISSISSIPPI FORESTRY ASSOCIATION, NEW HAMPSHIRE TIMBERLAND OWNERS ASSOCIATION, NORTHEASTERN LOGGERS ASSOCIATION, PENNSYLVANIA FOREST PRODUCTS ASSOCIATION, SOUTH CAROLINA FORESTRY ASSOCIATION, VIRGINIA FORESTRY ASSOCIATION, AND WASHINGTON FOREST PROTECTION ASSOCIATION AS AMICI CURIAE IN SUPPORT OF PETITIONERS
9BRIEF AMICUS CURIAE OF ALABAMA FORESTRY ASSOCIATION, et al., IN SUPPORT OF PETITIONERS
10BRIEF OF MOUNTAIN STATES LEGAL FOUNDATION IN SUPPORT OF PETITIONERS
11BRIEF OF NATIONAL ASSOCIATION OF COUNTIES, ASSOCIATION OF OREGON COUNTIES, IDAHO ASSOCIATION OF COUNTIES, ASSOCIATION OF 0 & C COUNTIES, AND, DOUGLAS COUNTY AS AMICI CURIAE SUPPORTING PETITIONERS
12BRIEF FOR AMICUS CURIAE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA IN SUPPORT OF PETITIONERS
13BRIEF OF THE STATES OF ARKANSAS, ET AL. IN SUPPORT OF GRANTING THE PETITION
14BRIEF OF THE STATES OF ARKANSAS, ET AL., IN SUPPORT OF THE PETITION
15BRIEF OF NATIONAL GOVERNORS ASSOCIATION, NATIONAL ASSOCIATION OF COUNTIES, NATIONAL CONFERENCE OF STATE LEGISLATURES, INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION, AND COUNCIL OF STATE GOVERNMENTS IN SUPPORT OF PETITIONERS
16BRIEF OF MOUNTAIN STATES LEGAL FOUNDATION IN SUPPORT OF PETITIONERS
17BRIEF AMICI CURIAE OF THE NATIONAL ASSOCIATION OF HOME BUILDERS AND NATIONAL ASSOCIATION OF MANUFACTURERS IN SUPPORT OF PETITIONERS
18BRIEF OF AMERICAN FOREST RESOURCE COUNCIL, PUBLIC LANDS COUNCIL, NATIONAL CATTLEMENS BEEF ASSOCIATION, MONTANA WOOD PRODUCTS ASSOCIATION INC., ARKANSAS FORESTRY ASSOCIATION, FEDERAL FOREST RESOURCE COALITION INC., MINNESOTA FOREST INDUSTRIES, INC., AND INTERMOUNTAIN FOREST ASSOCIATION AS AMICI CURIAE IN SUPPORT OF PETITIONERS
19BRIEF AMICI CURIAE OF AMERICAN FOREST RESOURCE COUNCIL, PUBLIC LANDS COUNCIL, NATIONAL CATTLEMEN'S BEEF ASSOCIATION, MONTANA WOOD PRODUCTS ASSOCIATION INC., ARKANSAS FORESTRY ASSOCIATION, FEDERAL FOREST RESOURCE COALITION INC., AND MINNESOTA FOREST INDUSTRIES, INC. IN SUPPORT OF PETITIONERS
20BRIEF OF ASSOCIATION OF OREGON COUNTIES, IDAHO ASSOCIATION OF COUNTIES, ASSOCIATION OF O & C COUNTIES, AND DOUGLAS COUNTY AS AMICI CURIAE IN SUPPORT OF PETITIONERS
21BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONERS
22BRIEF FOR NATIONAL ALLIANCE OF FOREST OWNERS, AMERICAN FARM BUREAU FEDERATION, FOREST RESOURCES ASSOCIATION, EMPIRE STATE FOREST PRODUCTS ASSOCIATION, FLORIDA FORESTRY ASSOCIATION, GEORGIA FORESTRY ASSOCIATION, LOUISIANA FORESTRY ASSOCIATION, MAINE FOREST PRODUCTS COUNCIL, MICHIGAN FOREST PRODUCTS COUNCIL, NEW HAMPSHIRE TIMBERLAND OWNERS ASSOCIATION, SOUTH CAROLINA FORESTRY ASSOCIATION, VIRGINIA FORESTRY ASSOCIATION, AND WASHINGTON FOREST PROTECTION ASSOCIATION AS AMICI CURIAE SUPPORTING PETITIONERS
23BRIEF AMICUS CURIAE OF THE RUFFED GROUSE SOCIETY IN SUPPORT OF PETITIONERS
24SUPPLEMENTAL BRIEF FOR RESPONDENT
25BRIEF FOR RESPONDENT
26BRIEF IN OPPOSITION
27DECKER, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER Oral Argument Transcript (PDF)
28DECKER, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER Oral Argument Audio
29Slip Opinion in DECKER, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER (Opinion by Justice Anthony M. Kennedy)