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ARTICLE · 21 MARCH 2013

Supreme Court Decision Alert - March 20, 201

Mayer Brown
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The Environmental Protection Agency, pursuant to the Clean Water Act, regulates "point source" discharges of pollutants through a system of permitting requirements under the National Pollutant Discharge Elimination System.

United StatesLitigation, Mediation & Arbitration
Timothy Bishop
Timothy Bishop
Richard Bulger
Richard Bulger
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Keywords: Environmental Protection Agency, Clean Water Act, CWA, plaintiff,

Decker v. Northwest Environmental Defense Center, No. 11-338 and Georgia Pacific West, Inc. v. Northwest Environmental Defense Center, No. 11-347 (previously discussed in the June 26, 2012, Docket Report)

The Environmental Protection Agency, pursuant to the Clean Water Act ("CWA"), regulates "point source" discharges of pollutants through a system of permitting requirements under the National Pollutant Discharge Elimination System ("NPDES"). After initial uncertainty about the regulation of stormwater under this regime, Congress in 1987 amended the CWA to provide that only certain types of stormwater discharges are subject to permitting, including discharges "associated with industrial activity." In implementing that provision, EPA indicated its intent that precipitation runoff from forest roads that collects in ditches or culverts before reaching navigable waters is not an industrial

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