On May 23, 2012 the Environmental Protection Agency (the "EPA") published a notice of intent ("NOI") in the Federal Register to propose revisions to its regulations relating to storm water discharges from logging roads. 77 Fed. Reg. 30,473 (May 23, 2012). The EPA is also considering adopting further regulatory and nonregulatory approaches to address storm water runoff from forest roads generally.
The NOI describes the steps the EPA intends to take to address the court's conclusion in Northwest Environmental Defense Center ("NEDC") v. Brown, 640 F.3d 1063 (9th Cir. 2011), that certain logging road discharges of storm water require a National Pollutant Discharge Elimination System ("NPDES") permit under Section 402 of the Clean Water Act. The NOI also addresses related discharges subject to the partial remand under Environmental Defense Center, Inc. v. U.S. EPA, 344 F.3d 832, 863 (9th Cir. 2003). Specifically, the EPA is announcing its proposal to revise its Phase I storm water regulations (40 C.F.R. § 122.26) to make clear that storm water discharges from...
