On May 23, 2008, the U.S. Court of Appeals for the Ninth Circuit vacated a U.S. Environmental Protection Agency rule exempting certain natural gas construction activities (including gas transmission and storage construction projects) from Clean Water Act permitting requirements for storm water discharges. Construction activities that disturb more than 1 acre of soil may be impacted by this ruling, and may need storm water permits even if they were previously exempt. Click here for a copy of the petition for review.