APPENDIX

9a
point source discharge and from the permitting
process. We discuss, in turn, the definition of point
source discharge, the Silvicultural Rule, and the
1987 amendments to the CWA.
A. Definition of Point Source Discharge
In 1972, in the Federal Water Pollution Control
Act (“FWPCA”), Congress substantially revised federal
law governing clean water. Pub. L. No. 92–500,
86 Stat. 816 (1972). In 1977, the statute was renamed
the Clean Water Act (“CWA”). Pub. L. No.
95–217, 91 Stat. 1566 (1977). Congress enacted the
FWPCA to “restore and maintain the chemical, physical,
and biological integrity of the Nation’s waters”
by replacing water quality standards with point
source effluent limitations. 33 U.S.C. § 1251(a); Or.
Natural Desert Ass’n v. Dombeck, 172 F.3d 1092,
1096 (9th Cir. 1998). Section 301(a) of the Act provides
that, subject to certain exceptions, “the discharge
of any pollutant by any person shall be unlawful.”
33 U.S.C. § 1311(a). One of these exceptions
is a point source discharge authorized by a permit
granted pursuant to the NPDES system under § 402
of the Act. 33 U.S.C. § 1342. The combined effect of
§§ 301(a) and 402 is that “[t]he CWA prohibits the
discharge of any pollutant from a point source into
navigable waters of the United States without an
NPDES permit.” N. Plains Res. Council v. Fid. Exploration
& Dev. Co., 325 F.3d 1155, 1160 (9th Cir.
2003); see also Nw. Envtl. Advocates v. EPA, 537 F.3d
1006, 1010 (9th Cir. 2008). “Pollutants” include
“rock” and “sand.” 33 U.S.C. § 1362(6). Defendants do
not contest that sediment discharges from logging
roads constitute pollutants within the meaning of the
CWA.