Whether or not a discharge qualifies as a “discharge of a pollutant” determines whether or not it is regulated under the Clean Water Act, which has significant consequences for the person discharging. Section 301 of the Act broadly prohibits “the discharge … Continue reading
Tag Archives: agency deference
U.S. Supreme Court defers to EPA in ruling stormwater discharges from logging roads exempt from Clean Water Act permitting requirements
Last week, in Decker v. Northwest Environmental Defense Center, No. 11-338 (U.S., Mar. 20, 2013), the United States Supreme Court held that discharges of channeled stormwater runoff from logging roads are exempt from NPDES permitting requirements under Clean Water Act … Continue reading