Crag Law Center

Salmon, Water & Wetlands Program: Legacy Roads

     Forest Roads.  The fifth leading source of water pollution in the country comes from the stormwater that is discharged from the extensive network of logging roads during rainstorms.  The sedimentation, temperature changes, and other pollutants from these roads may be the worst source of pollution that is currently unregulated by the Clean Water Act permit system.

   Throughout the Pacific Northwest, stream-parallel forest roads route stormwater carrying extremely high levels of sediment directly into fish-bearing streams and spawning areas. EPA and the timber industry have argued for years that the timber industry should enjoy a unique exemption from the Clean Water Act.

    Protecting the Coast Range Rivers.  Through our Salmon, Water and Wetlands Program Crag recently brought a citizen suit on behalf of the Northwest Environmental Defense Center and the Washington Forest Law Center to protect the rain-soaked rivers on Oregon’s north coast. The Trask, Wilson and Kilchis rivers all contain native runs of wild fish that are suffering because of an exemption the State of Oregon has provided to operators of a dense legacy road network that continues to pollute these river systems.

     The case centers on whether the exemption that Oregon has provided to operators of these roads is legal.  The NEDC and WFLC contends that the exemption is both illegal and based on outdated science on the impacts of stormwater on salmon habitat.  If successful, this case would lead to a much more effective regulatory system that catalogues all point sources, requires protection of water quality standards and provides for monitoring and citizen enforcement.  The case case is currently pending in the 9th Circuit Court of Appeals.