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Federal Regulators To Resolve Another Murky Water Problem – Runoff From Forest Roads

Date
September 16, 2015
Contact
Marlies Wierenga (503) 278-0669
In This Release
Public Lands, Rivers  
#RethinkRivers, #WildlandsForWildlife
Portland, OR – When Congress first directed the U.S. Environmental Protection Agency (EPA) to protect this nation’s rivers, streams and wetlands from polluting rainwater runoff, they probably did not imagine that it would take over 40 years. Today, the hourglass has turned and EPA agreed to look upstream. Deadlines are set as EPA considers ways to stop polluting sediment from fouling – what should be – naturally clean sources of drinking water.

The seemingly harmless dirt roads that spread out like spiderwebs across our landscapes dump tons of sediment into waterways with every rainstorm. This sediment settles into riverbeds and suffocates salmon eggs, reducing fishing opportunities. And it flows into rural and urban drinking water systems clogging filters; unnecessarily piling on extra costs to water suppliers and ratepayers. While cities and towns worked to reduce storm water pollution, EPA has routinely looked the other way when it comes to forest roads.

In today’s settlement with co-plaintiffs Natural Resources Defense Council (NRDC) and Environmental Defense Center (EDC), EPA has agreed to new deadlines to shore up rules on storm water pollution from forest roads and urban areas. WildEarth Guardians and Northwest Environmental Defense Center filed a friend in the court brief and congratulate NRDC and EDC on achieving this victory. In the suit filed December 2014, the plaintiffs simply charged EPA with delay. Specifically failing to implement a 2003 court ruling that (1) ordered the agency to decide whether it has an obligation under the Clean Water Act to regulate runoff from forest roads and (2) ordered the agency to strengthen rules for urban runoff that flows through municipal sewer systems. Now EPA has committed to deadlines to comply with the 2003 ruling and get this work done.

“It’s been said: If we don’t fix our roads, we will drink our roads. This is especially the case with storm runoff of forest roads in the west,” said Marlies Wierenga, Pacific Northwest Conservation Manager for WildEarth Guardians. “In these days of climate change, it’s even more imperative to keep our nation’s drinking water flowing clear and clean.”

In the settlement, EPA agreed to lay out options to best fix the forest road storm water problem by May 2016. There are many effective ways to reduce polluted runoff but without EPA oversight and regulations, these practices are not utilized and our waters suffer the brunt of inaction. Accountability is tossed by the roadside.

“We have invested untold sums in the recovery of native runs of salmon, steelhead and bull trout in the Northwest, only to see those investments made worthless when dump truck loads of sediment wash into mountain streams,” said Andrew Hawley, Staff Attorney for Northwest Environmental Defense Center. “EPA’s action is long overdue and we are indebted to Natural Resources Defense Council and Environmental Defense Center for bringing EPA to heel.”

Nationwide, there are over 72,000 impairments to waters of the United States. Sediment, turbidity and temperature – all of which can be related to forest road runoff – are in the top ten. Others on the list include: pathogens, metals (other than mercury), nutrients, organic enrichment/oxygen depletion, PCBs, mercury, and pH/acidity. Over 6,400 water bodies are impaired by sediment. This decades long neglect is an irresponsible disregard of the Clean Water Act and all living beings dependent on water for survival.

The lack of sufficient storm water regulations contributes to these ongoing impairments. EPA has worked on regulations on/off since 1987, but the agency clearly missed the mark on some critical pieces. Now – after nearly 30 years – EPA has no more excuses and can finally harness the opportunity to shore up the bleeding sediment. If EPA does its job, mountain streams will one day be the clean streams that Americans expect. Today’s ruling is available here.

Additional information: WildlEarth Guardians and the Northwest Environmental Defense Center, represented by Paul Kampmeier at the Washington Forest Law Center and Chris Winter at the CRAG Law Center, filed a friend of the court brief in the Ninth Circuit in support of Natural Resources Defense Council and Environmental Defense.

Links for NRDC’s Press Release and Blog.

 

Other Contact
Andrew Hawley, 503-768-6673, Northwest Environmental Defense Center, Paul Kampmeier, Washington Forest Law Center, 206-223-4088 extension 4