The Regulation of Toxic Pollutants Under the Clean Water Act

September 1991
Citation:
21
ELR 10528
Issue
9
Author
Oliver A. Houck

Editors' Summary: The Clean Water Act is up for reauthorization this year and the regulation of toxic discharges will again be hotly debated. The Act employs a variety of approaches for addressing toxic pollution, including health-based standards, technology standards, receiving water quality standards, regulation of toxic hot spots, whole effluent toxicity testing, and biological criteria. This Article traces the development of each of these approaches and analyzes their shortcomings, which include scientific uncertainty, agency delays, and protracted litigation. The author concludes that Congress should end the agony and fix a timetable for the elimination of toxic discharges.

Mr. Houck is a Professor of Law at Tulane University in New Orleans, Louisiana. The assistance of Victoria McKinnon and Stephanie Payne, Tulane Law School Class of 1991, in the preparation of this Article is acknowledged with gratitude.

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The Regulation of Toxic Pollutants Under the Clean Water Act

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