Cases from cite.case.law:

DECKER, OREGON STATE FORESTER, v. NORTHWEST ENVIRONMENTAL DEFENSE CENTER, 568 U.S. 597 (U.S. 2013)

. . . EPA argues that the Silvicultural Rule, 40 CFR § 122.27(b)(1) (2006), excludes from the definition of . . . point sources, as defined in this section,” are “point sources subject to the . . . permit program.” § 122.27 . . . C. § 1362(14), and were thus not “natural runoff” from a logging operation, 40 CFR § 122.27(b)(1) (emphasis . . . surface drainage, or road construction and maintenance from which there is natural, runoff.” 40 CFR § 122.27 . . . characterization of silvicultural harvesting operations “from which there is natural runoff,” 40 CFR § 122.27 . . .

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, v. BROWN,, 640 F.3d 1063 (9th Cir. 2011)

. . . . § 122.27, promulgated under the CWA to regulate discharges associated with silvicultural activity. . . . does not control: It cannot control, for one, because section 502(14) of the CWA trumps section 122.27 . . . And it cannot control, for another, because section 122.27’s own terms are unsatisfied; once runoff enters . . . In this latter context, section 122.27 does not — and cannot— absolve silvicultural businesses of CWA . . . EPA does not intend to change the scope of 40 CFR 122.27 in this rulemaking. . . .

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, v. BROWN,, 617 F.3d 1176 (9th Cir. 2010)

. . . . § 122.27, promulgated under the CWA to regulate discharges associated with silvicultural activity. . . . does not control: It cannot control, for one, because section 502(14) of the CWA trumps section 122.27 . . . And it cannot control, for another, because section 122.27’s own terms are unsatisfied; once runoff enters . . . In this latter context, section 122.27 does not—and cannot— absolve silvicultural businesses of CWA’s . . . EPA does not intend to change the scope of 40 CFR 122.27 in this rulemaking. . . .

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, v. BROWN, a, 476 F. Supp. 2d 1188 (D. Or. 2007)

. . . . § 122.27, does not exempt point source discharges from the NPDES program, and since no other exclusions . . . NEDC contends that Forsgren limited the scope of the permit exemption in 40 C.F.R. § 122.27(a) to cases . . . Under § 122.27(b)(1) as interpreted by Forsgren, those activities are not point sources when the natural . . . Oct. 14, 2003) [hereinafter EPIC], to argue that the exemption in 40 C.F.R. § 122.27 cannot encompass . . . Based on EPIC and Forsgren, NEDC argues that 40 C.F.R. § 122.27 does not exempt from the - NPDES permit . . .

ENVIRONMENTAL PROTECTION INFORMATION CENTER, a v. PACIFIC LUMBER COMPANY, a LLC, a, 469 F. Supp. 2d 803 (N.D. Cal. 2007)

. . . added a third claim, alleging that the adoption of a particular EPA regulation — 40 C.F.R. section 122.27 . . . granting EPA’s and PALCO’s cross-motions for summary adjudication and construing 40 C.F.R. section 122.27 . . .

ENVIRONMENTAL PROTECTION INFORMATION CENTER, a v. PACIFIC LUMBER COMPANY, a LLC, a, 430 F. Supp. 2d 996 (N.D. Cal. 2006)

. . . added a third claim, alleging that the adoption of a particular EPA regulation — 40 C.F.R. section 122.27 . . . granting EPA’s and PALCO’s cross-motions for summary adjudication and construing 40 C.F.R. section 122.27 . . . previously ‘unregulated,’ they were only so because of PALCO’s — and EPA’s — misinterpretation of section 122.27 . . .

ENVIRONMENTAL PROTECTION INFORMATION CENTER, a v. PACIFIC LUMBER COMPANY, a LLC, a a EPA, 301 F. Supp. 2d 1102 (N.D. Cal. 2004)

. . . . § 122.27(b)(1) (emphasis added). . . . In its October 14 opinion, the court assessed the scope and meaning of section 122.27, finding the regulation . . . After considering comments on the proposal, however, EPA opted to retain the second sentence of section 122.27 . . . denied EPIC’s request approximately two weeks later, expressly citing EPA’s interpretation of section 122.27 . . . pollution sources are definitively “point sources”; EPA may not alter this categorization, and section 122.27 . . .

ENVIRONMENTAL DEFENSE CENTER, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, v. v., 344 F.3d 832 (9th Cir. 2003)

. . . . § 122.27(b)(1). . . . Assuming that EPA is correct that § 122.27(b)(1) defines forest roads as non-point sources, both the . . . (We note, incidentally, that it appears that even a successful challenge to § 122.27(b)(1) would likely . . . Rather, the agency relied on 40 C.F.R. § 122.27(b)(1), indicating that it was barred from acting under . . . the Phase II Rule by § 122.27(b)(1). . . .

NORTH CAROLINA SHELLFISH GROWERS ASSOCIATION v. HOLLY RIDGE ASSOCIATES, LLC, A., 278 F. Supp. 2d 654 (E.D.N.C. 2003)

. . . . § 122.27(b)(1), ditches are specifically included in the CWA’s statutory definition of the term “point . . . surface drainage, or road construction and maintenance from which there is natural runoff.” 40 C.F.R. § 122.27 . . . activities and from which pollutants are discharged into waters of the United States.” 40 C.F.R. § 122.27 . . .

ENVIRONMENTAL PROTECTION INFORMATION CENTER, a v. PACIFIC LUMBER COMPANY, a LLC, a a EPA, 266 F. Supp. 2d 1101 (N.D. Cal. 2003)

. . . . § 122.27(b)(1) (emphasis added). . . . After considering comments on the proposal, EPA decided to retain the second sentence of section 122.27 . . . Statutory Authority for Section 122.27 . . . . The Ninth Circuit; by virtue of section 122.27, will never have to consider on direct review an action . . . In contrast, section 122.27 was never temporary; it was issued in 1976 as a final regulation. . . .

ENVIRONMENTAL DEFENSE CENTER, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, v. v., 319 F.3d 398 (9th Cir. 2003)

. . . . § 122.27(b)(1). . . . The fact that EPA exempted forest roads from NPDES permit requirements in 1976, 40 C.F.R. § 122.27(b) . . . regulation as point sources, but forest roads are expressly excluded from the short list. 40 C.F.R. § 122.27 . . .

LEAGUE OF WILDERNESS DEFENDERS BLUE MOUNTAINS BIODIVERSITY PROJECT, a a v. FORSGREN, U. S., 309 F.3d 1181 (9th Cir. 2002)

. . . . § 122.27, which reads in pertinent part as follows: (b) Definitions. (1) Silvicultural point source . . . conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities. 40 C.F.R. § 122.27 . . . requirements ‘nonpoint source silvicultural activities such as ... pest and fire control ... ’ 40 CFR 122.27 . . .

LEAGUE OF WILDERNESS DEFENDERS BLUE MOUNTAINS BIODIVERSITY PROJECT, a a a v. FORSGREN, U. S., 163 F. Supp. 2d 1222 (D. Or. 2001)

. . . .] § 122.27 Silvicultural Activities (applicable to State NPDES programs, see § 123.25). . . . material which may require a CWA section 404 permit (see 33 C.F.R. 209.120 and part 233). 40 C.F.R. § 122.27 . . . The court found the contentions to be without merit, noting that EPA regulation § 122.27 does not include . . .

NA MAMO O AHA INO, a v. O. GALIHER, T., 60 F. Supp. 2d 1058 (D. Haw. 1999)

. . . . § 122.27(b)(1) defined exempt non-point source silvicultural activities to include “nursery operations . . . activities in section 122.3(e)’s exemption, 2) the inclusion of road construction and maintenance in section 122.27 . . .

Na O AHA INO, a v. O. GALIHER, T., 28 F. Supp. 2d 1258 (D. Haw. 1998)

. . . . § 122.27(b)(1)(emphasis added). . . .

NEWTON COUNTY WILDLIFE ASSOCIATION, v. ROGERS,, 141 F.3d 803 (8th Cir. 1998)

. . . . § 122.27(b)(1); 41 Fed.Reg. 24709, 24710 (June 18, 1976). . . .

SIERRA CLUB, v. E. MARTIN,, 992 F. Supp. 1448 (N.D. Ga. 1998)

. . . . § 122.27(b). (Defendant’s Brief, pp. 11-12). . . .

SIERRA CLUB v. MARTIN, C. v. Co. Co. Co., 71 F. Supp. 2d 1268 (N.D. Ga. 1996)

. . . . § 122.27. . . . . § 122.27. . . . 60 Fed.Reg. 50835 (1995) (noting that the nonpoint sil-vicultural sources identified in 40 C.F.R. § 122.27 . . . Plaintiffs proffer three theories in support of their claim that the roads here do not fall within § 122.27 . . .

PAPER CONVERTING MACHINE CO. INC. v. FMC CORPORATION,, 432 F. Supp. 907 (E.D. Wis. 1977)

. . . See § 122.27, Wis. Stats. . . .