Supreme Court of the United States
Decker, Oregon State Forester v. Northwest Environmental Defense Center
March 20, 2013568 U.S. 597
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.
Holding
- District Court jurisdiction under citizen-suit provision versus exclusive review clause. Section 1365 authorizes private enforcement suits against alleged violators; 1369(b) applies only to suits challenging agency actions.
- Mootness due to EPA regulatory amendment. Cases remain live because liability for past violations under the previous rule may warrant penalties or fees.
- Requirement of permits for channeled stormwater runoff from logging roads. The EPA's interpretation of its own regulation excluding these discharges is reasonable and entitled to deference.
Docket 11-338