Oregon Public Broadcasting

The federal Ninth Circuit Court of Appeals ruled Tuesday that storm runoff diverted by logging roads should be considered water pollution.

The ruling could have wide-reaching implications for logging operations in the Pacific Northwest.

The case looked at logging activities in the Tillamook State Forest. It was brought by the Northwest Environmental Defense Center against the Oregon State Forester and the Oregon Board of Forestry as well as a number of timber companies.

The plaintiffs argued in court that storm runoff from forest roads carries gravel and sediment though a series of ditches and culverts into nearby rivers.

They say it harms native salmon and trout populations. Since the runoff was diverted by the roads, they argued it was what’s called  “a point-source discharge,” which requires a special permit under the Clean Water Act.

A three-judge panel unanimously agreed.

Chris Winter is a staff attorney for the plaintiffs.  He says the regulation of storm water has been discussed within the EPA for many years.

Chris Winters: “And so the decision, the clarity we now have from court will have repercussions beyond the Tillamook.  And it will apply to private lands and federal forest service lands.”

A spokesman for the Oregon Department of Forestry says the agency is reviewing the decision, but had no other comment.