NORTHWEST ENVIRONMENTAL DEFENSE CENTER v. BROWN

Civil No. 06-1270-KI.

476 F.Supp.2d 1188 (2007)

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, an Oregon nonprofit corporation, Plaintiff, v. Marvin BROWN, Oregon State Forester, in his official capacity; Stephen Hobbs, Barbara Craig, Diane Snyder, Larry Giustina, Chris Heffernan, William Hutchison and Jennifer Phillippi, members of the Oregon Board of Forestry, in their official capacities; Hampton Tree Farms, Inc., an Oregon domestic business corporation; Stimson Lumber Company, an Oregon domestic business corporation; Georgia-Pacific West, Inc., an Oregon domestic business corporation; and Swanson Group, Inc., an Oregon business corporation, Defendants. and Oregon Forest Industries Council, an Oregon nonprofit corporation; and American Forest and Paper Association, a Delaware nonprofit corporation, Intervenors.

United States District Court, D. Oregon.

March 1, 2007.


Attorney(s) appearing for the Case

Christopher G. Winter, Ralph 0. Bloemers, Cascade Resources Advocacy Group, Portland, OR, Paul August Kampmeier, Washington Forest Law Center, Seattle, WA, for Plaintiff.

Marc Abrams, State of Oregon, Salem, OR, for State Defendants.

J. Mark Morford, Louis A. Ferreira, IV, Per A. Ramfjord, Stoel Rives, LLP, Portland, OR, for Forest Products Defendants and Trade Association Intervenors.

William K. Sargent, Tillamook, OR, for Intervenor Defendant Tillamook County.

Ellen Steen, Crowell & Moring LLP, Washington, D.C., for Intervenor American Forest and Paper Association.

Bradford Thomas McLane, U.S. Department of Justice, Washington, D.C., Amicus Advisor.


OPINION AND ORDER

KING, District Judge.

Plaintiff Northwest Environmental Defense Center ("NEDC") brings this action under the Clean Water Act ("CWA") concerning discharges of stormwater from ditches alongside logging roads in the Tillamook State Forest. NEDC seeks to require defendants to obtain National Pollutant Discharge Elimination System ("NPDES") permits, which NEDC contends are required by the CWA in this situation. Before the court are State Defendants...

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