“EPA has concluded that forest roads are a “major source of erosion from forested lands, contributing up to 90 percent of the total sediment production from forestry operations.
“In 2003, the 9th Circuit Court of Appeals ordered EPA to strengthen and correct rules for urban runoff that flows through small municipal storm sewer systems, and examine the evidence on forest road runoff to determine whether it is necessary to regulate that water pollution source.
“More than a decade later, EPA has failed to comply with the Court’s order on both issues. NRDC and EDC have filed a petition in the same Court that issued this order to enforce the duties it imposed on EPA.”
Aside from showing the difficulty of making the government so something, there are some forest planning implications. EPA will comment on forest plans, and the Forest Service should be paying attention to what EPA thinks is needed in the plans to mesh with their non-point source pollution permitting process (current or as influenced by this litigation).