Silvicultural activities (applicable to State NPDES programs, see 123.25)
| Currency | Current through May 31, 2023 |
| Citation | 40 C.F.R. §122.27 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
17 cases
-
Sierra Club v. Martin
... ... , road building, and related activities for seven timber sale areas in the Chattahoochee ... that may be influenced by management programs. Plan FEIS, at 8-32 ... Under ... 's Slipper is listed as "Unusual" by the State of Georgia due to the threats to its viability ... " However, all activities will follow applicable Forest Wide Standards and Guidelines. These ... Pollutant Discharge Elimination System ("NPDES") permit. 33 U.S.C. § 1311(a); Hughey v. JMS ... 2. Only Four Silvicultural Activities Constitute "Point Sources" ... ...
-
Sierra Club v. Martin
... ... , insects, mussels and fish are included on state or federal lists of threatened and endangered ... National Forest provides recreational activities ranging from modern campgrounds to wilderness ... teams "based on inventories of the applicable resources of the forest ... " 16 U.S.C. § ... Environmental Policy Act process, review programs and activities "through a biological evaluation, ... ...
-
League of Wilderness Defenders v. Forsgren
... ... Discharge Elimination System permit ("NPDES permit"), which the Environmental Groups argue is ... that arises from many dispersed activities over large areas, and is not traceable to any ... Silvicultural 3 point source means ... any ... Pollution Discharge Elimination System and State Program Elements Necessary for Participation, ... elucidates the general criteria applicable to silviculture for identifying nonpoint and ... ...
-
Environmental Defense Center, Inc. v. U.S. E.P.A.
... ... Pollutant Discharge Elimination System ("NPDES"), 33 U.S.C. §§ 1311(a), 1342. EPA preserved ... §§ 1342(j), 1342(b)(3); state permitting authorities must provide EPA notice of ... for state stormwater management programs, and expeditious deadlines, and constitute a ... overseeing the small MS4 has issued an applicable general permit, the small MS4 may submit a notice ... pollution to the MS4 from construction activities disturbing one acre or more, id. at § ... NPDES permit requirements certain silvicultural activities that EPA determined constitute ... ...
Request a trial to view additional results
11 firm's commentaries
-
U.S. Supreme Court To Review Two Controversial Decisions On Clean Water Act Jurisdiction
...(U.S. June 25, 2012) (No. 11-347). >4 673 F.3d 880 (9th Cir. 2011), cert.granted, __ U.S.L.W. __ (U.S. June 25, 2012) (No. 11-460). 5 40 C.F.R. § 122.27. 6 The Supreme Court will also review whether a citizen can bypass review of the rule under 33 U.S.C. § 1369, and may instead challenge th......
-
Supreme Court Docket Report - June 26, 2012
...rejected this argument, concluding that the discharges are exempted from the NPDES permitting process by the "Silvicultural Rule," 40 C.F.R. § 122.27, which in the Ninth Circuit's words, "categorically exempts all discharges from silvicultural activities resulting from natural runoff," 617 ......
-
Supreme Court Upholds EPA's Logging Road Exception From Clean Water Act NPDES Permitting
...No. 11-347, Georgia-Pacific West, Inc., et al. v. Northwest Environmental Defense Center, also on certiorari to the Supreme Court. 2 40 C.F.R. §122.27(b)(1). WIKIPEDIA defines "Silviculture" as "the practice of controlling the establishment, growth, composition, health and quality of forest......
-
U.S. Supreme Court: NPDES Permits Are Not Required For Logging Road Stormwater Runoff
...Ctr. v. Brown, 617 F.3d 1176 (9th Cir. 2010), withdrawn and superseded by 640 F.3d 1063 (9th Cir. 2011). [2] 568 U.S. ____ (2013). [3] 40 C.F.R. § 122.27. [4] 77 Fed. Reg. 72970-72975 (Dec. 7, 2012) (to be codified at 40 C.F.R. § [5] Nw. Envtl. Def. v. U.S. EPA, No. 13-70057 (9th Cir. filed......
Request a trial to view additional results
5 books & journal articles
-
Can Wetland Property Be Developed? Regulated Activities and Statutory Exemptions
...in a 2007 Regulatory Guidance Letter (RGL 07-02). 327 318. Id. at 810 (citing 33 U.S.C. §§1311(a), 1342(a), 1362(12), (14), af’d 40 C.F.R. §122.27(b)(I)). 319. Id. (citing 33 U.S.C. §§1344(f)(1)(A), (f)(l)(E)). 320. 2008 WL 2199369 (S.D. Ga. 2008). 321. Id. at *7. 322. 33 C.F.R. §323.4(a)(l......
-
Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Point Source' Element of the Clean Water Act Offense
...were, however, §402(p)’s recapture provision for stormwater associated with industrial activities, as interpreted by EPA’s regulation, 40 C.F.R. §122.27(b)(1), covers SIC Code 24, the forest products industry, including Group 2411, “Logging,” for establishments primarily engaged in cutting ......
-
The basic prohibition of the clean water act
...and ire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runof.” 40 C.F.R. § 122.27(b)(1). Under the quoted rule, any discharge from a logging-related source that qualiies as a point source requires an NPDES permit unless som......
-
Point Source
...dissent 158 provide detailed analyses of CWA §402(p) and EPA’s industrial stormwater and silviculture regulations, 40 C.F.R. §§122.26 and 122.27. he majority’s focus on EPA’s interpretation of regulations applied to particular silvicultural activities diminishes the force of its decision on......
Request a trial to view additional results
1 provisions
-
N.Y. Comp. Codes R. & Regs. Tit. 6 § 750-1.11 Application of Standards, Limitations and Other Requirements
...40 CFR part 122.25 - Aquaculture projects, 40 CFR parts 122.26, 122.30 to 122.37, and 122.42(c) and (d) - Storm water discharges, 40 CFR part 122.27 - Silvicultural activities (applicable to State NPDES), 40 CFR part 122.44 - Establishing limitations, standards, and other permit conditions,......