Northwest Environmental Defense Center, et al. v. Brown, et al., 640 F.3d 1063 (9th Cir. 2011), on petitioner for rehearing from, 617 F.3d 1176 (9th Cir. 2010)

(court refuses to re-examine its prior decision that collected runoff from logging operations (i.e., mud and sediment that washes off logging roads) into forests and rivers is a point source discharge of stormwater associated with industrial activity requiring an NPDES permit under the CWA; the runoff is collected in a system of ditches, culverts and channels which is subsequently discharged into streams and rivers; court's opinion appears contrary to U.S. Supreme Court opinion in Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, et al., 129 S. Ct. 2458 (2009) in which Court held that slurry from mining operations constitutes "fill material" that is subject to COE permit requirement, but which does not need a pollution discharge permit from the EPA because it is specifically excluded from the definition of "pollutant" under the CWA making it immaterial that it might be determined to be a point source pollutant).