Supreme Court of the United States

Decker, Oregon State Forester v. Northwest Environmental Defense Center

March 20, 2013133 S. Ct. 1326

Summary

The Court held that the Clean Water Act's implementing regulations do not require NPDES permits for channeled stormwater runoff from logging roads, affirming the EPA's reasonable interpretation of its own regulations under Auer deference. The Court rejected jurisdiction and mootness challenges before the judgment of the Court of Appeals was reversed. Justice Scalia concurred in part and dissented in part, questioning Auer deference.