Washington Big EPA Issue

[Chuck.]

I found the following in the Wall Street Journal on Dec 9 regarding a lawsuit by the Northwest Environmental Defense Center against Georgia Pacific:

The Ninth Circuit Court of Appeals is often a source of national amusement, but if one of its recent decisions on the Clean Water Act is allowed to stand, it will wreak havoc on the timber industry and damage other agricultural management as well. Today the Supreme Court is likely to decide whether to hear the appeal on a case that could reinterpret a longstanding classification in environmental law.

In Georgia Pacific v. Northwest Environmental Defense Center, the question concerns whether rural roads used for hauling timber should be subject to the same stringent environmental permitting process as major industrial ...

Unfortunately I can't quote more but the issue is the NEDC is suing to apply the same EPA water discharge and permitting process for logging roads as apply to industrial activity. The result would be a virtually shut down of logging. I surmise the next target will be trails. Bill Liders dreams come true.

[Slackkinhard]

I found the following in the Wall Street Journal on Dec 9 regarding a lawsuit by the Northwest Environmental Defense Center against Georgia Pacific:

Unfortunately I can't quote more but the issue is the NEDC is suing to apply the same EPA water discharge and permitting process for logging roads as apply to industrial activity. The result would be a virtually shut down of logging. I surmise the next target will be trails. Bill Liders dreams come true.

Cuz you know, there are just way too many good payin jobs in this part of the country?

We're doomed...by sissy's

[highmarker]

Invest in helicopter logging. LOL......think the ruling means that they will have to get a permit when near a river, which before they were exempted. The test will be cost in delays obtaining said permit, and designing the ditch and culvert networks to satisfy the permit.

If that raises the price of lumber 3%, the lumber companies will raise it 4% to the consumer and profit 1% for their hassle.

[shrubitup]

It applies the ominous stormwater requirements to previously exempt activities - under the USDA no less. This is a slippery slope coz they'll want it to apply to conventional agriculture next.

Look how DNR is interpreting SnoCo stormwater requirements at Reiter........ They finally got relief from SnoCo but this would apply to federal lands managed by USFS so relief may not come if NEDC prevails.

big?

[Chuck.]

The reason I didn't post more of the article is the WSJ website only had the first part. Tonight I a break so here is more from the article.

More Ninth Circuit Mayhem [The Supreme Court has another legal clean-up job.]

The Ninth Circuit Court of Appeals is often a source of national amusement, but if one of its recent decisions on the Clean Water Act is allowed to stand, it will wreak havoc on the timber industry and damage other agricultural management as well. Today the Supreme Court is likely to decide whether to hear the appeal on a case that could reinterpret a longstanding classification in environmental law.

In Georgia Pacific v. Northwest Environmental Defense Center, the question concerns whether rural roads used for hauling timber should be subject to the same stringent environmental permitting process as major industrial sites and Municipal systems

.

An environmental group claimed that water runoff from logging roads was getting into fish-bearing streams. The District Court said there was no case but in its ever- willful way the liberal Ninth Circuit overturned, ruling that roads should fall under so called "point source" standards, which require special permits from the EPA.

The stricter classification is a perennial on the wish list of environmentalist because it would introduce an army of lawyers and specialists every time a new logging road was built. Under the roads' historical Clean Water Act classification as "non point source", storm water runoff on roads is regulated by the states, which develop their own requirements and restrictions on road use. The stricter category would delay the process as the permits themselves become a new locus for additional environmental litigation.

The US Forest Service says that if the ruling stands, it would have to obtain more than 400,00 permits, working with 46 states, a process that could take 10 years. And that's the green goal; to create enough delay and bureaucracy that timber harvesting will cease to be profitable.

[Chuck.]

More from the WSJ article:

According to Oregon Democratic Senator Ron Wyden, the Ninth Circuit's radical interpretation "would shut down forestry on private, state and tribal lands" in the states where it applies. That list would include Oregon, Washington, Idaho, California, Nevada, and Montana.

As a legal matter, the Ninth Circuit's decision was a particularly blatant power grab in the kind of matter traditionally left to an agency with specific judgement and knowledge. In deciding environment complaint cases, courts are suppose to defer to the EPA, as long as the agency has acted reasonably.

In the case of logging roads, the non-point source classification represents 35 years of consistant interpretation by the EPA that storm water run-off was "better controlled through the utilization of best management practices" and "ill-suited for inclusion in a permit process". After Congress amended the law in 1987, the agency again rejected including logging roads in the category for heavy industrial pollutants.

The interpretation has been confirmed by two other circuits, but if the Ninth Circuit's wacky ruling is allowed to stand it will impose major economic burdens and a litigation free-for-all in the Pacific Northwest. No doubt some Supreme Court Justices are frustrated that they must keep playing janitor after the legal elephant parade that is the Ninth Circuit, but no one else has the authority. We hope the High Court takes the case.

It is not hard for me to read between the lines and see a possible future negative impact on our access to public land. What was public lands will become the King's land.

[MrBlahh]

it already applies to trails anyway, just look at tellico plains orv

[oldgrunt]

It is not about roads or trails. That is smoke and mirrows. It is about the defeat of America.

[tod701]

It is not about roads or trails. That is smoke and mirrows. It is about the defeat of America.

Yep, its the useful idiots trying to protect the environment, while actually doing the dirty work for fascists.

[Project Panther]

It applies the ominous stormwater requirements to previously exempt activities - under the USDA no less. This is a slippery slope coz they'll want it to apply to conventional agriculture next.

Look how DNR is interpreting SnoCo stormwater requirements at Reiter........ They finally got relief from SnoCo but this would apply to federal lands managed by USFS so relief may not come if NEDC prevails.

big

They are allready, tighting regulations on agriculture, the USDA, and Global Gap.

[oldgrunt]

They are actually passing regulations making it unlawful for farmers to raise dust.

[Wiz636]

They are actually passing regulations making it unlawful for farmers to raise dust.

Fortunately it looks like common sense has prevailed...at least in the US House. They just passed the 'Farm Dust Regulation Prevention Act' telling the EPA to back off from this nonsense. Now hopefully the senate will pass it.

[rebelyell]

These communist aholes are not doing any 1 any good.We are in a FINANCIAL CRISIS and these ****s wanna waste money on stupid environmental studies when people are losing there roofs,shirts homes and jobs.I swear this is all being done on purpose to institute there Agenda 21.

[tod701]

I swear this is all being done on purpose to institute there Agenda 21.

Correct ?

And the masses sit on their tumbs and do nothing, or worse re-elect these fascists wannabes.

[Slackkinhard]

Correct ?

And the masses sit on their tumbs and do nothing, or worse re-elect these fascists wannabes.

more regulation to make things better? Doesn't seem to be working

http://usnews.msnbc.msn.com/_news/2011/12/15/9461848-dismal-prospects-1-in-2-americans-are-now-poor-or-low-income

[tod701]

more regulation to make things better? Doesn't seem to be working

“A government big enough to give you everything you want, is strong enough to take everything you have.”

-Thomas Jefferson

[Slackkinhard]

Upside down Pyramid scheme. The guy on the bottom holds up the fort...when he collapses, it all tumbles down quick. Somebody better hurry up and resource that guy