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Clean Water Act (CWA)

A Job Half Finished: The Clean Water Act After 25 Years

Congress passed the Clean Water Act on October 4, 1972, by overwhelming margins—unanimously in the Senate and with a bare 11 dissenters in the House of Representatives. Rising on the Senate floor that day a full quarter-century ago, Sen...

Regulatory Framework for the Management and Remediation of Contaminated Marine Sediments

Editors' Summary: In 1989, a National Research Council study concluded that contaminated sediments are "widespread in U.S. coastal waters" and have "potentially far-reaching consequences to both public health and the environment." A...

Recent Developments in Federal Wetlands Law: Part III

Editors' Summary: This Article is the last in a three-part series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. ...

Recent Developments in Federal Wetlands Law: Part II

Editors' Summary: This Article is the second in a series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. The...

Recent Developments in Federal Wetlands Law: Part I

Editors' Summary: This Article is the first in a series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. The...

Combined Sewer Overflows and Sanitary Sewer Overflows: EPA's Regulatory Approach and Policy Under the Federal Water Pollution Control Act

Editors' Summary: Combined sewer overflows and sanitary sewer overlows present unique problems for regulators. Although these problems were largely ignored until recently, EPA has finally begun to address the significant environmental...

Federal Legislative Solutions to Agricultural Nonpoint Source Pollution

Environmental regulation of pollution in the United States is often maligned as costly and ineffective. Pollution continues to plague and degrade the natural resources in the United States, and U.S. waters in particular. Nonpoint source...

Trends in Regulation of Stormwater and Nonpoint Source Pollution

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...

Citizen Suits: The Teeth in Public Participation

The courts have long recognized that Congress enacted environmental citizen-suit provisions to abate threats to the environment, supplement government enforcement, encourage government agencies to enforce the laws more effectively, and...

Recovery of Attorneys Fees in CERCLA Private-Party Cost Recovery Actions: Striking a Balance

A sharp conflict among the judicial circuits has emerged concerning whether private parties may recover attorneys fees in cost recovery actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)....