Update on Forest Roads
John R. Barnwell
Director, Forest Policy
Society of American Foresters
Overview
• Timeline Of Events
• Judicial, Administrative, And Legislative Updates
• What To Expect Going Forward
• Questions
Timeline
• 2006- NEDC Files For Declaratory and
Injunctive Relief in Oregon Federal District Court
• 2007- District Court Dismisses Claim
•
• 2010-US Ninth Circuit Court Of Appeals
Overturns The District Court Decision And
Declines En Banc Review
Timeline
• 2011- The State Of Oregon And Forest Industry
Interests Petition For Supreme Court Review
• 2011-Bills To Codify the Silvicultural Rule
Introduced Concurrently In The Senate and
House
• 2012- EPA Brief To The Supreme Court
Suggests That The Case Does Not Merit Review
Timeline
• 2012-Supreme Court Grants Certiorari and
Schedules Oral Arguments
• 2012- US EPA Releases Rule Revising
Stormwater Regulations For Forest Roads On
November 30th
• 2012- Supreme Court Hosts Oral Arguments On
December 3rd
Timeline
• 2013- Supreme Court Request Supplemental
Briefs From The Parties
• 2013-NEDC Challenges The Revised EPA
Stormwater Regulations In January
• 2013- US Supreme Court Rules In Favor Of The
Plaintiffs on March 20th
Judicial Branch
• The Supreme Court Supports Deference To The
EPA To Interpret Agency Regulations
• The Majority Opinion Recognizes The Merits Of
State Administered BMPs Programs
• The Court Agreed that Harvesting Should not be
Classified as an “Industrial Activity” Or Be
Subject To Industrial Stormwater Rules
Judicial Branch
• The Court Declined To Consider The Validity Of
The Silvicultural Rule
• Justices Chose To Focus On The EPA’s
Interpretation Of The Regulation Instead
• This Technical Distinction Could Make Runoff
Subject To EPA Discretionary Authority
Judicial Branch
• The EPA Revision To The Stormwater
Regulations Rests in the US Ninth Circuit Court
of Appeals
• Forest Industry Interests Intervened Supporting
The EPA Rule
• The State Of Oregon Did Not Intervene
Administration
• New EPA Rules Acknowledges Benefits Of State
Administered BMP Programs
• The EPA Revision To The Stormwater
Regulations Does Not Require Permits
• This Approach To Oversight Is Novel For The
EPA
Administration
• The EPA Interprets The FY13 Continuing
Resolution To Prohibit Funding To Develop A
Regulatory Framework
• The Rule Indicates Agency Intent To Review of
Runoff As Point Sources Responding To A 2003
Court of Appeals Decision
• A Call With EPA Representatives Suggests That
A Timeline For Review Is Not In Place
Legislation
• Bills Introduced In Past Congress Led By
Senators Wyden And Crapo and
Representatives Herrera Beutler and Schrader
• The Continuing Resolutions Prohibited EPA
From Developing Forest Roads Permitting
Program
• Introduction of Legislation Expected Soon Aims
To Also Address The 2003 Court Ruling
Questions?
John R. Barnwell
301-526-7075
barnwellj@safnet.org