Silviculture Regulatory Consistency Act Introduced

In an effort to once-and-for-all define forest roads as non-point sources of pollution, Senator Ron Wyden (D-OR) and Representative Jaime Herrera Beutler (R-WA) introduced the Silviculture Regulatory Consistency Act in their respective Houses late last week. The Act would add legal precedence to a recent Supreme Court decision and long-standing EPA policy that stormwater discharge permits are not required for forest roads.

Last March, the Supreme Court ruled forest roads used during timber harvests do not require stormwater discharge permits. The decision overturned a 2011 U.S. Court of Appeals Ninth Circuit Court ruling (NEDC v. Brown) that defined the use of commercial logging roads as an industrial activity, similar to factories and other facilities, and thereby subject to permitting requirements set forth by the Clean Water Act. If passed, the new legislation would circumvent litigation opponents to the Supreme Court’s rule intend to bring forth.

Bill co-sponsor Senator Mike Crapo (R-ID) and Representative Herrera Beutler sponsored previous versions of the Silviculture Regulatory Consistency Act shortly after the Court of Appeals ruled that forest roads used for timber harvests require mandatory industrial stormwater discharge permits. Neither of those versions made it to the floor for a vote.

The current bills have been referred to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure. Should you wish to express your support for the Act, contact information for Senators and Representatives in each state is available through Contacting the Congress.