82 



The Temporary Restraining Order Hearing 



On April 18, 1996, the Court had expected to hold a hearing for the Sierra Club's 

 request for a Temporary Restraining Order, which the Sierra Club stated was 

 "necessary to prevent unlawful agency action, forestall irrevocable injury to the 

 environment and preserve the status quo in order to enable a meaningful decision on 

 the merits...". 



The Southern Timber Purchasers Council and the American Forest & Paper 

 Association worked with the four timber purchasers to gain a voluntary 20 day 

 suspension of operations which commenced on the close of business on April 19, 1996 

 through and including May 9, 1996. This action avoided the need for a Temporary 

 Restraining Order. 



The Council's Intervention Reouest 



The Southern Timber Purchasers Council and the four timber purchasers filed a 

 request for intervention on April 26, 1 9^. 



The Preliminary Injunction Hearing 



A Preliminary Injunction hearing, was held on May 1, 1996. On May 9, the 

 Judge issued a preliminary injunction which extends through September 15, 1996. 



Summary of the Southern Timber Purchase rs Council's Brief Arouino Against the 

 Sierra Club's Claims 



(1) Clean Water Act: The Sierra Club's CWA claim fails on the merits 

 because the timber harvesting activities at issue are exempt from the 

 NPDES permit requirement. Normal silvicultural activities such as road 

 construction constitute "nonpoint sources." As such, they do not require 

 NPDES permits because the permit requirement applies only to 

 discharges from point sources. 



Regulation under the Environmental Protection Agency (EPA) states that 

 forestry and silvicultural Tctivities are nonpoint sources and are in the 

 permit-exempt category. In fact, EPA has reiterated several times that 

 forest roads are nonpoint sources. Regulation expressly exempts most 

 silvicultural activities, including roads: "The term silvicultural point source 

 does not include non-point source silvicultural activities sucti as nursery 

 operations, site preparations, reforestation and subsequent cultural 

 treatment, thinning, prescribed burning, pest and fire control, harvesting 

 operations, surface drainage, or road construction and maintenance from 

 which there is natural runoff..." 



