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Nonpoint source discharges

Plain Meaning, Precedent, and Metaphysics: Interpreting the “Point Source” Element of the Clean Water Act Offense

This Article, the fourth in a series of five, examines the continuing struggles to define “point source” and “nonpoint source” under the Clean Water Act. State regulation of nonpoint sources is neither pervasive nor robust, and most...

Waterkeeper Alliance, Inc. v. EPA: Why It Is Important

Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was not a win for either side of the debate,...

A Brief History of CWA

In 1987, the U.S. Congress amended the Clean Water Act (CWA) to establish a national nonpoint source (NPS) program under §319.1 The statute allows states meeting preliminary criteria to receive federal grant money from the U.S....

Best Practices as Regulatory Regime: The Case of Agricultural Nonpoint Source Pollution

In traditional administrative law, agencies pass rules and courts review them. But what if agencies stopped acting by rule and started leading by example? The federal response to agricultural water pollution offers a case study in how...

When It Rains It Pours: Past, Present, and Future Regulation of Wet Weather Discharges

Managing and controlling stormwater and other "wet weather" discharges presents unique challenges, far different from the management and control of industrial and municipal wastewater streams. Wet weather discharges are...

Control of Nonpoint Pollution Through Citizen Enforcement of Unpermitted Stormwater Discharges: A Proposal for Bottom-Up Litigation

This Article investigates the murky regulatory world of stormwater pollution. Nonpoint source pollution has been described as the most significant water quality problem facing the United States.1 It is...

Unnecessarily Hesitant Good Samaritans: Conducting Voluntary Cleanups of Inactive and Abandoned Mines Without Incurring Liability

Until the 1970s, federal and state laws did little to control the harmful water quality impacts of mining exploration, and mine wastes were regularly deposited wherever was convenient, including directly into streams.1...

The Myths and Truths That Threaten the TMDL Program

Thirty years in the making, the total maximum daily load (TMDL) program of § 303(d) of the Clean Water Act (CWA)1 has never seemed farther from implementation. As state governments increasingly have flexed...

Controlling Nonpoint Source Water Pollution: Is Help on the Way (from the courts or EPA)?

Nearly three decades after enactment of the modern Clean Water Act (CWA), efforts to address the largest remaining source of water pollution—runoff and other types of aquatic ecosystem impairment from diffuse activities—...

Pfiesteria piscicida: A Regional Symptom of a National Problem

Editors' Summary: Pfiesteria piscicida, a sometimes toxic microorganism, is responsible for the death of millions of fish in Delaware, Maryland, North Carolina, and Virginia. Although the problem of Pfiesteria-related fish kills is...