Tthe Ninth Circuit Court of appeals has decided to deny an en banc review of the NRDC vs. Brown decision which in essence classifies logging roads as point source for pollutants as well as logging operations as an industrial activity. This action will lead to the requirement of NPDES permits for construction and use of forest roads when surface runoff from silvicultural activities (including logging) is channeled thru a ditch, culvert or any other form of road structure that is not considered natural drainage.
This ruling could eventually impact logging roads not just within the Ninth Circuit’s jurisdiction, but nationwide, on both federal and private lands.
Click Here to read the decision (9th Circuit Court of Appeals website)