ICMA signed onto an amicus curiae brief filed by State and Local Legal Center (SLLC) in a U.S. Supreme Court case where the Court will decide at least two related questions that affect local governments, particularly counties. First, do counties that own logging roads have to obtain EPA permits for channeled stormwater runoff off on logging roads? Second, who should regulate stormwater runoff from logging roads: state and local governments or the federal government? Since 1973, one year after the Clean Water Act was passed, the Environmental Protection Agency (EPA) has issued regulations exempting silvicultural (logging) activity from federal permitting requirements. Yet, the Ninth Circuit held that state forest agencies and a county were required to obtain EPA permits for stormwater runoff flowing from logging roads into ditches, culverts, and channels. The SLLC’s amicus brief points out that obtaining EPA permits for every ditch and channel on every logging road in the United States would be extremely costly and burdensome for state and local governments that are already regulating such stormwater runoff.

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