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Trends in Regulation of Stormwater and Nonpoint Source Pollution

June 1995

Citation: 25 ELR 10300

Issue: 6

Author: Brian Weeks

Editors' Summary: Regulation of point source discharges under the Federal Water Pollution Control Act (FWPCA) has resulted in significant improvements in water quality. Further progress, however, will require attention to stormwater and nonpoint source discharges. This Article describes current legal schemes that regulate point source stormwater discharges and encourage control of nonpoint source releases. The author first discusses phases I and II of EPA's program to regulate stormwater under the FWPCA. He then discusses the Agency's watershed protection approach to management of nonpoint sources. Next the author describes incentive-based federal programs for reducing water pollution from agriculture and logging operations. Finally, the author provides a brief review of FWPCA reauthorization proposals considered by the 103d Congress and makes recommendations for future legislative action.

Brian Weeks is an associate in the environmental law department of Lowenstein, Sandler, Kohl, Fisher & Boylan, P.C. in Roseland, New Jersey. His practice includes environmental regulatory advice and litigation, specializing in water pollution control and site remediation under federal and state law.

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