Oregon Natural Desert Association v. Dombeck

172 F.3d 1092 (1998)

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Oregon Natural Desert Association v. Dombeck

United States Court of Appeals for the Ninth Circuit
172 F.3d 1092 (1998)

  • Written by Tammy Boggs, JD

Facts

The United States Forest Service (defendant) issued a permit allowing Robert and Diana Burril to graze 50 cattle in an Oregon forest. The grazing cattle created animal waste, which ran off and polluted a nearby creek and river. The Oregon National Desert Association and other intervening parties (plaintiffs) sued the Forest Service under the Clean Water Act (CWA) alleging that the Forest Service had violated § 401 of the CWA by issuing the grazing permit without first obtaining state certification of compliance with water-quality standards. On summary judgment, the district court ruled against the Forest Service, finding that § 401 required state certification for potential discharges of pollution from nonpoint sources. The Forest Service appealed.

Rule of Law

Issue

Holding and Reasoning (Schroeder, J.)

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