In a 7-to-1 decision, the Supreme Court said that was wrong. For 35 years, the EPA interpreted the law as not applying to logging roads. And the court should bow to the EPA`s interpretation of its own rules. (h) The holder of a United States licence means, with respect to roads or rights of way, any person authorized to remove timber or forest products from United States lands or to remove timber or forest products from other lands required by a cooperative agreement to coordinate management with United States timber by such road or right-of-way; as long as it is covered by a pending permit. or as long as a former licensee is entitled to compensation for such use in accordance with the provisions of those provisions. A licensee is not an agent of the United States. After: A new road crossing that replaced an undersized crossing and a migratory barrier, the forest of Malheur. A: The 9th Circuit Court of Appeals ruled that the EPA`s interpretation of the Clean Water Act was illogical. And he determined that runoff from logging roads met the definition of industrial rainwater pollution. (j) Indirect control of a road, right-of-way or land by an applicant means that that road, right-of-way or land is not directly controlled by the applicant, but by the applicant or by: Listen: A 2012 report on forest roads and the Clean Water Act: There is an exception to the use of loading and unloading, to indicate the direction.
Sometimes two different forest roads are close enough to be within radio range. In this case, the ads can contain both the street name and the location, but often one street is loaded and unloads the terms and the other is assigned the terms empty and with a load. This is indicated on the sign at the beginning of the route with the radio frequency to be used. It is therefore unnecessary to name the street. After: A new bridge over the same old undersized creek crossing, Olympic National Forest. (f) streetcars include streetcars and rail car or truck routes used for logging and wood processing; This includes railways that are primarily used to transport the property of the owner of that railway in the course of those activities. Of course, wooden transport radios are also used for gossip and emergency communication. In some areas, they are a good place to listen to conversations in Indigenous languages. Sixty years of heavy traffic by lumber trucks, as well as the travels of foresters and recreation enthusiasts, have wreaked havoc on the roads that run through the forests of the northwest.
The U.S. Supreme Court ruled Wednesday in favor of the logging industry in a case challenging regulation of muddy water flowing off logging roads. The case was originally filed in Oregon by an environmental group. He argued that roads in state forests violated the Clean Water Act. The Northwest Environmental Law Center filed a lawsuit. He said that, according to the plain language of the Clean Water Act, runoff from wooden roads is industrial pollution and that the EPA must regulate that. 5. Any person having such a relationship with the applicant that normal contract negotiations may not take place in the context of transactions between them concerning such roads, rights-of-way or land. Tens of thousands of kilometers of these roads collapse, sending sediment and other pollutants into rivers and streams.
Fish don`t like it. Keep reading. A: It was Antonin Scalia, one of the most conservative justices on the Supreme Court. Scalia actually agreed with environmental groups in this case and wrote a very vigorous dissent. Enough is enough, he said. Under the Clean Water Act, runoff from forest roads that cross a culvert constitutes industrial pollution. And government agencies like the EPA should follow a clear interpretation of the law. Driving on active logging roads can be dangerous. They are narrow, unpaved and usually have no shoulders or guardrails.
Without exception, the bridges are only wide enough for a vehicle. They are frequented by wooden trucks, which are heavy and bulky vehicles when loaded. A loaded wood truck carries between 45 and 100 cubic metres of wood. One cubic metre of spruce weighs about 450 kilograms. People familiar with forest roads know that the first rule of the road is: because of the dangers of driving on active forest roads, it is desirable that people on these roads can communicate with each other and announce their positions. For example, if you approach a bridge on the loaded side, if you know that a truck is coming towards you, you will stop and let the truck pass. In Canada (perhaps elsewhere, but this is where my own experience comes from), it is said that vehicles on forest roads are equipped with radios. Each street is assigned a frequency, which is posted at the entrance to the street. When entering a street, set your radio to the assigned frequency and monitor traffic. So you know what others are doing and where they are. You also announce your location regularly, usually every few kilometers.
At critical points, such as approaching a bridge, you need to announce your position. In addition to the milestones placed each kilometre along the route (they are still called milestones, even though Canada is on the metric system, another case of etymology that does not determine the meaning), there are special elements at the critical points so you can announce exactly where you are. Obtaining permits for every small stretch of road would have made our business unmanageable. Ideally, every vehicle on an active forest road has a radio, but in practice, some do not. Someone who doesn`t have a radio should drive blindly. Different streets have different cultures. On some streets, people are cooperative and take care of each other. If there are vehicles without radios, people with radios will announce their location. On other streets, this sense of community is absent. Here is a picture of my truck showing its three antennas.
One is for the usual commercial radio band, one for BC and one for street radio. It is parked at my friends` house in Tsetl`oni`a on Tatek Lake, outside Vanderhoof, British Columbia. My canoe hibernates on the shore. Before: An undersized road stream crossing, before reconstruction, Olympic National Forest. (i) Direct control of a road, right-of-way or property by an applicant for a permit issued under this Agreement means that that applicant has the authority to permit the use of that road by the United States and its licensees.