Legal Opinion
Oregon Natural Desert Ass'n v. Dombeck
Court of Appeals for the Ninth Circuit
Decided July 22, 1998No. Nos. 97-35065, 97-35112PublishedCited by 35 opinions
1Opinion of the Court
SCHROEDER, Circuit Judge:
The United States Forest Service appeals the district court’s ruling that pollution from cattle grazing is subject to the certification requirement of § 401 of the Clean Water Act, 33 U.S.C. § 1341. This appeal requires us to consider whether the term “discharge” in § 1341 includes re*1094leases from nonpoint sources as well as releases from point sources. We conclude from the language and structure of the Act that the certification requirement of § 1341 was meant to apply only to point source releases. Accordingly, we reverse.
The background of this case can be briefly…
2Cases cited14 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Bennett v. SpearSupreme Court of the United States · 1997
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Sierra Club v. MortonSupreme Court of the United States · 1972
- Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
9 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Ecological Rights Foundation Mateel Environmental Justice Foundation v. Pacific Lumber CompanyCourt of Appeals for the Ninth Circuit · 2000
- Cantrell v. City of Long BeachCourt of Appeals for the Ninth Circuit · 2001
- Cantrell v. City Of Long BeachCourt of Appeals for the Ninth Circuit · 2001
- Northwest Environmental Defense Center v. BrownCourt of Appeals for the Ninth Circuit · 2011
- Greater Yellowstone Coalition v. LewisCourt of Appeals for the Ninth Circuit · 2011
30 more not listed; retrieve them via the Exa API.