Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

GEORGIA-PACIFIC WEST, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER

Docket No.: 11-347
Argued: December 3, 2012
Consolidated with: 11-338

PartyNames: Georgia-Pacific West, Inc., et al. v. Northwest Environmental Defense Center, et al.
Petitioner: Georgia-Pacific West, Inc., et al.
Respondent: Northwest Environmental Defense Center, et al.

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

Georgia-Pacific West, Inc., et al.
v.
Northwest Environmental Defense Center, et al.
Background:

Since passage of the Clean Water Act, the Environmental Protection Agency has considered runoff of rain from forest roads-whether channeled or not--to fall outside the scope of its National Pollutant Discharge Elimination System ("NPDES") and thus not to require a permit as a point source discharge of pollutants. Under a rule first promulgated in 1976, EPA consistently has defined as nonpoint source activities forest road construction and maintenance from which natural runoff results. And in regulating stormwater discharges under 1987 amendments to the Act, EPA again expressly excluded runoff from forest roads. In consequence, forest road runoff long has been regulated as a nonpoint source using best management practices, like those imposed by the State of Oregon on the roads at issue here. EPA's consistent interpretation of more than 35 years has survived proposed regulatory revision and legal challenge, and repeatedly has been endorsed by the United States in briefs and agency publications. The Ninth Circuit--in conflict with other circuits, contrary to the position of the United States as amicus, and with no deference to EPA--rejected EPA's longstanding interpretation. Instead, it directed EPA to regulate channeled forest road runoff under a statutory category of stormwater discharges "associated with industrial activity," for which a permit is required.

Question Presented:

Whether the Ninth Circuit should have deferred to EPA's longstanding position that channeled runoff from forest roads does not require a permit, and erred when it mandated that EPA regulate such runoff as industrial stormwater subject to NPDES.

GEORGIA-PACIFIC WEST, ET AL. v. NORTHWEST ENVTL. DEFENSE CENTER
ORAL ARGUMENT

December 3, 2012


Warning: Use of undefined constant caseTitle - assumed 'caseTitle' (this will throw an Error in a future version of PHP) in /home/supremec/public_html/supremecourtobserver.com/code/sofunctionsndb.php on line 1147

GEORGIA-PACIFIC WEST, 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 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 CATTLEMEN’S 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