The Regulation of Toxic Pollutants Under the Clean Water Act
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.