From our private database of 14,100+ case briefs...
Northwest Environmental Defense Center v. Brown
United States Court of Appeals for the Ninth Circuit
640 F.3d 1063 (2011)
Northwest Environmental Defense Center (NEDC) (plaintiff) brought suit under the citizen-suit provision of the Clean Water Act (CWA), 33 U.S.C. §§ 1251 et seq., against the Oregon State Forester, members of the Oregon Board of Forestry in their official capacities, and various timber companies (defendants). NEDC alleged that the defendants had violated the CWA by not obtaining permits from the Environmental Protection Agency (EPA) for stormwater runoff flowing from logging roads into systems of ditches and channels and then into forest streams and rivers, transferring sediments into those streams and rivers. The CWA prohibits the discharge of any pollutants, including rock, sand, and other sediments, from a point source into the navigable waters of the United States without a permit issued under the National Pollutant Discharge Elimination System (NPDES). NEDC argued that the defendants’ discharge into the forest streams and rivers were from “point sources” within the meaning of the CWA and therefore the defendants were required to obtain permits. The defendants argued that this discharge was exempted from the NPDES permit requirement by the Silvicultural Rule, 40 C.F.R. § 122.27, a regulation promulgated under the CWA. The defendants argued that the Silvicultural Rule categorically exempted all discharges resulting from silvicultural activities resulting from natural runoff. The district court held that the defendants’ discharge was exempted from the permit requirement by the Silvicultural Rule. NEDC appealed.
Rule of Law
Holding and Reasoning (Fletcher, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.