Lewis & ClarkLaw School

EPA rule throws wrench into US Supreme Court oral arguments in NEDC logging road water pollution case

“Chief Justice John G. Roberts Jr. did not seem happy during a Supreme Court argument on Monday about whether the Clean Water Act applies to runoff from logging roads.” says Adam Liptak, the Supreme Court correspondent of The New York Times in a recent column.
“Were you as surprised as we were?” Chief Justice Roberts asked a lawyer for the government, referring to a new regulation, issued Friday afternoon, that said permits are not required for the runoff at issue in the case.”