Northwest Environmental Defense Center v. Brown
United States Court of Appeals for the Ninth Circuit
640 F.3d 1063 (2011)
Relevant factsFree
Stormwater runoff from logging roads flowed through systems of ditches and culverts before entering forest streams, carrying sediment; the defendants argued the discharges were categorically exempt from NPDES permitting under the Silvicultural Rule because they resulted from natural runoff, and the district court agreed.
IssueFree
Whether discharges channeled and controlled through discernible, confined, and discrete conveyances are considered point sources subject to the requirement to obtain permits under the Clean Water Act, even if the discharges arrive at the conveyances through natural runoff.
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Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc.133 S.Ct. 710 (2013)NRDC v. Costle568 F.2d 1369 (1977)Decker v. Northwest Environmental Defense Center133 S. Ct. 1326 (2013)Pronsolino v. Nastri291 F.3d 1123 (2002)South Florida Water Management District v. Miccosukee Tribe of Indians541 U.S. 95 (2004)