Georgia-Pacific West, Inc. v. NEDC (U.S. Supreme Court)

Section 402 of the Clean Water Act requires a permit for the discharge of any pollutant from a “point source,” which is a “discernible, confined, and discrete conveyance.” In this case, the Ninth Circuit held that every culvert and ditched that channeled rainwater runoff from forest roads was a discharge from a point source. That holding invalidated EPA’s longstanding Silvicultural Rule, which exempts from permitting any forest road rainwater runoff. We filed a petition for certiorari, which the Supreme Court granted, and persuaded the Supreme Court to uphold the Silvicultural Rule on deference grounds.

Briefs

Petition for Certiorari

Reply Brief

Supplemental Brief

Brief for Petitioner

Reply Brief

Supplemental Brief