Decker v. Northwest Environmental Defense Center (2012)
- Docket
- 11-338
- Decided
- 2012-01-01
Summary
Question: 1. Do the runoff ditches and channels constitute "point sources" that require permits? 2. Are the petitioners exempt from the permit requirement? Conclusion: No and yes. Justice Anthony M. Kennedy, writing for a 7-1 majority, reversed the Ninth Circuit's decision and remanded for further proceedings. The Court held that the Clean Water Act exempts the storm water runoff from the permitting scheme because the runoff is not associated with industrial activity. Even though the roads are used for the transport of raw materials, they are not used for the manufacturing, processing, or storage of those materials. The Court deferred to the Environmental Protection Agency's own reasonable interpretation that the permit requirement extends only to traditional industrial sites, such as factories. Therefore, the runoff ditches and channels did not constitute point sources that require permits under the Act.