Groups representing a broad range of interests will file more than a dozen amicus briefs supporting arguments made by the American Forest & Paper Association (AF&PA) and other petitioners in their brief asking the U.S. Supreme Court to reverse a Ninth Circuit decision requiring industrial discharge permits for logging roads.
Among those who filed briefs are 31 state attorneys general, dozens of state and local forestry associations, and other well-respected national organizations. Collectively, the briefs affirm the need to reverse the Ninth Circuit’s erroneous decision that overturned the Environmental Protection Agency’s (EPA) long-standing interpretation of the Clean Water Act.
“This large number of supporting briefs highlights the significant negative consequences that would occur if the Ninth Circuit’s decision stands,” said AF&PA President and CEO Donna Harman. “We hope the Supreme Court sees the potential far-reaching effects their decision will have on the U.S. paper and wood products industry and its nearly 900,000 employees.”
“The Ninth Circuit’s ruling upends a successful decades-long compliance process, and the resulting confusion will disrupt the fiber supply chain that allows our industry to operate.”
For over 35 years, EPA has effectively regulated runoff from logging roads through state best management practices that are adapted to local conditions, which AF&PA and others maintain is the appropriate course of action.
The court is expected to hear arguments on the case in December and issue a final decision by June 2013.