Legal Opinion

Decker v. Northwest Environmental Defense Center

Supreme Court of the United States

Decided March 20, 2013No. 11-338PublishedCited by 300 opinions

1Opinion of the CourtJustice Kennedy

These cases present the question whether the Clean Water Act and its implementing regulations require permits before channeled stormwater runoff from logging roads can be discharged into the navigable waters of the United States. Under the statute and its implementing regulations, a permit is required if the discharges are deemed to be “associated with industrial activity.” 33 U. S. C. § 1342(p)(2)(B). The Environmental Protection Agency (EPA or Agency), with the responsibility to enforce the Act, has issued a regulation defining the term “associated with industrial activity” to cover only…

2Cases cited18 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  4. Cutter v. WilkinsonSupreme Court of the United States · 2005
  5. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987

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3Cited by300 opinions

  1. Kisor v. WilkieSupreme Court of the United States · 2019
  2. Perez v. Mortgage Bankers Assn.Supreme Court of the United States · 2015
  3. Loper Bright Enterprises v. RaimondoSupreme Court of the United States · 2024
  4. Brown v. BuhmanCourt of Appeals for the Tenth Circuit · 2016
  5. Ecological Rights Foundation v. Pacific Gas & Electric Co.Court of Appeals for the Ninth Circuit · 2013

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