ELR Citation: ELR 20297
No(s). 08-35205 (9th Cir. Dec 11, 2008)

The Ninth Circuit affirmed a lower court's judgment on the pleadings in favor of the U.S. Forest Service in a case alleging it failed to comply with Clean Water Act (CWA) §401 in its issuance of grazing permits on Forest Service lands. In Oregon Natural Desert Ass'n v. Dombeck, 172 F.3d 1092, 28 ELR 21471 (9th Cir. 1998), the court ruled that the CWA §401 state certification requirement does not apply to nonpoint source releases. Because that case remains good law, principles of stare decisis applied to bar the group's claim.