OREGON NATURAL DESERT ASS'N v. DOMBECK

Nos. 97-35065, 97-35112.

172 F.3d 1092 (1998)

OREGON NATURAL DESERT ASSOCIATION; Rest the West; Portland Audubon Society; Trout Unlimited; Oregon Wildlife Federation; Northwest Environmental Defense Center; Oregon Natural Resources Council; Pacific Rivers Council; Oregon Natural Resources Coalition, Plaintiffs-Appellees, and The Confederated Tribes of the Warm Springs Reservation of Oregon, Plaintiff-Intervenor-Appellee, v. Michael P. DOMBECK, in his official capacity as Chief of the United States Forest Service, Defendant-Third Party Defendant-Appellant. Oregon Natural Desert Association; Rest the West; Portland Audubon Society; Trout Unlimited; Oregon Wildlife Federation; Northwest Environmental Defense Center; Oregon Natural Resources Council; Pacific Rivers Council; Oregon Natural Resources Coalition, Plaintiffs-Appellees, and The Confederated Tribes of the Warm Springs Reservation of Oregon, Plaintiff-Intervenor-Appellee, v. Jack Ward Thomas, in his official capacity as Chief of the United States Forest Service, Defendant, and Eastern Oregon Public Land Coalition; Robert Burril, Grant County, a Political subdivision of the State of Oregon, Defendants-Intervenors/Third Party Plaintiffs-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1998.


Attorney(s) appearing for the Case

Nancy B. Firestone, Assistant United States Attorney, Washington, DC; Daniel E. O'Leary, Davis Wright Tremaine, Portland, Oregon; Ronald S. Yockim, Roseburg, Oregon, for the appellants.

Michael Axline, Western Environmental Law Center, Eugene, Oregon; Howard G. Arnett, Karnopp, Petersen, Noteboom, Hubel, Hansen & Arnett, Bend, Oregon, for the appellees.

Before: SCHROEDER, FARRIS, and TASHIMA, Circuit Judges.


SCHROEDER, Circuit Judge:

The United States Forest Service appeals the district court's ruling that pollution from cattle grazing is subject to the certification requirement of § 401 of the Clean Water Act, 33 U.S.C. § 1341. This appeal requires us to consider whether the term "discharge" in § 1341 includes releases from nonpoint sources as well as releases from point sources. We conclude from the language...

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