1. Runoff from Logging Roads in NW
Oregon
Northwest Environmental Defense Center v. Brown
By James Clark
• Polluted runoff from logging roads in Tillamook
State forests.
• Case timeline September 2006 to March 20, 2013.
• The case started in the District Court of Oregon
and ended in the US Supreme Court in a ruling
that overruled a 9th Circuit Court ruling.

2. • Sedimentation in aquatic
systems is harmful. It
negatively affects the
turbidity, temperature,
dissolved oxygen, and
substrate.
Available at: link
• Salmon rely on gravel bars
to create spawning nests called
Redds.
• When there is too much
sediment the eggs will suffocate.
• Cold, oxygen rich water is
crucial for many aquatic forms of
life.Available at: Link

3. • When logging roads
are not managed correctly
they can be a threat to
sensitive species such as
Salmon.
• This case addresses
weather the runoff from
logging roads is subject to
regulation (NPDES) under
the CWA.
• The Northwest Environmental Defense Center is a non-profit
organization with a background in teaching law and
environmental and natural resource protection.
• Filed suit in 2006 for injunctive relief.
Available at: link

4. • Logging has been a part of the economy and culture in Oregon
for a long time!
• Logging and forest products are big business in Oregon, about
12.7 billion annually.
Available at: link
• We all rely on forest
products, like paper,
lumber or even pencils.
• Creates jobs and tax
revenue for schools and
other public services.
• Forest products are
important to the entire
nation.

5. • The Tillamook
Indians (Salish) were
the original inhabitants
of northwest Oregon.
• Like many tribes
salmon is the
cornerstone to their way
of life.
• If we don’t protect
sensitive salmon habitat Native Americans could lose a key part of
their identity.
Available at: link

6. The Case!
• September 1, 2006 the NEDC filed suit for injunctive relief to
the US District Court of Oregon, claiming that the defendants
were discharging polluted runoff into rivers and streams
without using NPDES permits as required under the CWA.
• In 2007 the District Court dismissed the NEDC’s claims stating
that the road/ditch/culvert runoff was not in fact “point
source” pollution and therefor did not require a NPDES
permit
.
• The NEDC then filed for an appeal which was granted August
17th 2010 by the US Court of Appeals 9th Circuit.
• September of 2011 the defendants filed petitions and in June
of 2012 the courts granted those petitions.

7. • December 3, 2012 the US Supreme Court listened to the
petitioners arguments against the 9th Circuit Courts ruling.
• Just days prior to the petition the EPA released a new rule
[Section 404(f)(1) that exempts logging roads from requiring
a NPDES permit!
• March 20, 2013 the US Supreme Court reversed the 9th
Circuit Courts ruling.
• In 2014 Congress amended the CWA Section 402(I) via the
2014 Farm Bill. This prohibits the use of citizen suits against
silviculture practices under Section 204(p)(6) of the CWA!

8. Stakeholders
• Native Americans
• The EPA
• The NEDC
• The logging industry
• The State of Oregon
• Oregon Board of Forestry and The State Forester
• Tillamook County
• Private citizens and residents in the area

9. Analysis
• The defendants have a vested interest in keeping runoff
deregulated.
• Salmon habitat and is in danger of pollution.
• Regulating channelized runoff from the logging industry
using the NPDES permits under the CWA is the best way
to regulate, manage and reduce the pollution.
• The roads do in fact create channels, ditches and often
culverts which do qualify as point source pollution.
• Logging is an industrial activity that causes erosion and
sedimentation runoff.

10. References
• Brandt-Erichsen S. 2011. Opposition Mounts To Ninth Circuit Ruling Requiring NPDES Permit For Stormwater
Runoff From Forest Roads [Internet]. Marten Law; [2011 October 7, cited 2016 February 7]. Available from:
http://www.martenlaw.com/newsletter/20111007-stormwater-runoff-forest-roads
• Castro J, Reckendorf F. 1995. Effects of Sediment on the Aquatic Environment: Potential NRCS Actions to Improve
Aquatic Habitat -Working Paper No. 6 [Internet]. Corvallis (OR): United States Department of Agriculture Natural
Resource Conservation Service; [1995 August, cited 2016 February 7]. Available from:
www.nrcs.usda.gov/wps/portal/nrcs/detail/national/technical/?cidnrcs143_014201
• Copeland C . 2010. Clean Water Act: A Summary of the Law [Internet]. Congressional Research Service; [2010
April 23, cited 2016 Febuary 7]. Available from:
http://www.in.gov/idem/files/rules_erb_20130213_cwa_summary.pdf
• Environmental Protection Agency. 2015. National Pollutant Discharge Elimination System (NPDES)-Forest Roads
[Internet]. 2015 November 10. Washington (DC): Environmental Protection Agency; [2016 February 3, cited 2016
February 7]. Available from: http://www.epa.gov/npdes/forest-roads
• Environmental Protection Agency. 2015. NPDES Program Management and Oversight [Internet]. United Stated
Environmental Protection Agency; [2015 December 15, cited 2016 February 7]. Available from:
http://www.epa.gov/npdes/npdes-program-management-and-oversight
• Kampmeier P. Year. Northwest Environmental Defense Center v. Brown [Internet]. Seattle (WA): Washington
Forest Law Center; [cited 2016 February 7] . Available from: http://wflc.org/cases/docket/nedcvbrown
• Winter C. 2013. Supreme Court Rules in NEDC v. Brown [Internet]. Portland(OR): Craig Law Center; [2013 March
21, cited 2016 February 7] . Available from: http://crag.org/2013/03/21/supreme-court-update/