by Chris Reeves, Research Forester, UK Forestry Extension
As you can read in previous posts on this blog (
here,
here,
here, and
here) the issue of potential water quality permits on forest roads is
extremely important to woodland owners and the forests they own and use.
Two developments have occurred since the case
was heard by the U.S. Supreme Court on December 3, 2012.
First, the Supreme Court has asked for
further legal briefs from both sides regarding the previously detailed new
rules issued by the Environmental Protection Agency that came out one business
day before the case’s oral argument.
The
court recognized that the new rules that indicate EPA has no intention to
require logging, including road building, to obtain permits require further
studying.
These briefs are due by both
parties by January 22.
What the court
does with those briefs is anyone’s guess.
The court could issue a ruling related to only on the merits of the case
before the EPA rule was issued, they could issue a ruling on the case including
the new EPA rules, or they could even ask for another oral argument later this
year.
Second, those same new rules recently issued by the EPA have
already had a lawsuit filed against them.
The same environmental group that has pursued the current case all the
way to the Supreme Court, the Northwest Environmental Defense Center, has filed
another suit with the 9th Circuit U.S. Court of Appeals. Yes, you’ve read that correctly. Now there are two lawsuits related to the
same issue! The suit alleges that the
new rules that reinforce what EPA has been doing for 35 years in regards to
non-point source pollution generated by forest roads actually violates the
Clean Water Act. The U.S. Supreme
Court’s ruling on the original case might stop this new case in its
tracks. But again, who knows what the
specific issues the court will take on let alone their actual decision?
Whatever the outcome of the either of these cases, UK
Forestry Extension will continue to monitor the legal proceedings and will keep
you posted through this blog and our e-newsletter.