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DECKER v. NORTHWEST ENVIRONMENTAL DEFENSE CENTER

Nos. 11-338, 11-347.

133 S.Ct. 1326 (2013)

185 L.Ed.2d 447

Doug DECKER, in his official capacity as Oregon State Forester, et al., Petitioners v. NORTHWEST ENVIRONMENTAL DEFENSE CENTER. Georgia-Pacific West, Inc., et al., Petitioners v. Northwest Environmental Defense Center.

Supreme Court of United States.

Decided March 20, 2013.

Attorney(s) appearing for the Case

Timothy S. Bishop , Chicago, IL, for Petitioners.

Malcolm L. Stewart , for the United States as amicus curiae, by special leave of the court, supporting the Respondent.

Ellen F. Rosenblum , Attorney General, Mary H. Williams , Deputy Attorney General, Anna M. Joyce , Solicitor General, Counsel of Record, Erin C. Lagesen , Assistant Attorney General, Salem, OR, for Petitioners.

Paul A. Kampmeier , Washington Forest Law Center, Seattle, WA, Christopher G. Winter , Crag Law Center, Portland, OR, Kevin K. Russell , Washington, DC, Jeffrey L. Fisher , Counsel of Record, Pamela S. Karlan , Deborah A. Sivas , Stanford, CA, for Respondent.

Michael B. Kimberly , Mayer Brown LLP, Washington, DC, Per A. Ramfjord , Leonard J. Feldman , Jason T. Morgan , Stoel Rives LLP, Portland, OR, Timothy S. Bishop , Counsel of Record, Jeffrey W. Sarles , Richard Bulger , Chad Clamage, Mayer Brown LLP, Chicago, IL, William K. Sargent , Tillamook County Counsel, Tillamook, OR, for Petitioners.

Justice KENNEDY delivered the opinion of the Court.

These cases present the question whether the Clean Water Act (Act) and its implementing regulations require permits before channeled stormwater runoff from logging roads can be discharged into the navigable waters of the United States. Under the statute and its implementing regulations, a permit is required if the discharges are deemed to be "associated with industrial activity." 33 U.S.C. § 1342(p)(2)(B). The...

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