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The Mississippi River is, in many ways, the nation's best known and most important river system. Mississippi River water quality is of paramount importance for sustaining the many uses of the river including drinking water, recreational and commercial activities, and support for the river's ecosystems and the environmental goods and services they provide. The Clean Water Act, passed by Congress in 1972, is the cornerstone of surface water quality protection in the United States, employing regulatory and nonregulatory measures designed to reduce direct pollutant discharges into waterways. The Clean Water Act has reduced much pollution in the Mississippi River from "point sources" such as industries and water treatment plants, but problems stemming from urban runoff, agriculture, and other "non-point sources" have proven more difficult to address. This book concludes that too little coordination among the 10 states along the river has left the Mississippi River an "orphan" from a water quality monitoring and assessment perspective. Stronger leadership from the U.S. Environmental Protection Agency (EPA) is needed to address these problems. Specifically, the EPA should establish a water quality data-sharing system for the length of the river, and work with the states to establish and achieve water quality standards. The Mississippi River corridor states also should be more proactive and cooperative in their water quality programs. For this effort, the EPA and the Mississippi River states should draw upon the lengthy experience of federal-interstate cooperation in managing water quality in the Chesapeake Bay.
"The fortieth anniversary of the Clean Water Act is an opportunity to look back at the major advances in water pollution control that have been achieved because of the passage of the Clean Water Act. This work will examine the political and scientific developments that led to the Act's construction and passage. This work will also address the continuing problems with controlling water pollution, particularly involving nonpoint source pollution, and new steps that are being taken with the Clean Water Act to control it"--Leaf iv.
Provides a clearly presented overview of the law's provisions and pertient regulation and enforcement issues.
Evaluating Water Quality to Prevent Future Disasters, volume 11 in the Separation Science and Technology series, covers various separation methods that can be used to avoid water catastrophes arising from climate change, arsenic, lead, algal bloom, fracking, microplastics, flooding, glyphosphates, triazines, GenX, and oil contamination. This book provides a valuable resource that will help the reader solve their potential water contamination problems and help them develop their own new approaches to monitor water contamination. - Highlights reasons for potential water catastrophes - Provides separation methods for monitoring water contamination - Encourages development of new methods for monitoring water contamination
Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.
Recognizing the importance of wetland protection, the Bush administration in 1988 endorsed the goal of "no net loss" of wetlands. Specifically, it directed that filling of wetlands should be avoided, and minimized when it cannot be avoided. When filling is permitted, compensatory mitigation must be undertaken; that is, wetlands must be restored, created, enhanced, and, in exceptional cases, preserved, to replace the permitted loss of wetland area and function, such as water quality improvement within the watershed. After more than a dozen years, the national commitment to "no net loss" of wetlands has been evaluated. This new book explores the adequacy of science and technology for replacing wetland function and the effectiveness of the federal program of compensatory mitigation in accomplishing the nation's goal of clean water. It examines the regulatory framework for permitting wetland filling and requiring mitigation, compares the mitigation institutions that are in use, and addresses the problems that agencies face in ensuring sustainability of mitigated wetlands over the long term. Gleaning lessons from the mixed results of mitigation efforts to date, the book offers 10 practical guidelines for establishing and monitoring mitigated wetlands. It also recommends that federal, state, and local agencies undertake specific institutional reforms. This book will be important to anyone seeking a comprehensive understanding of the "no net loss" issue: policy makers, regulators, environmental scientists, educators, and wetland advocates.
In 1972, a bi-partisan Congress enacted the Clean Water Act “to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” Almost fifty years have passed since Congress enacted the law and, during that time, the Supreme Court has played a significant role in the administration and evolution of the law. Since the dawn of the environmental era in the 1970's, the Supreme Court has heard more cases involving the Clean Water Act than any other environmental law. However, the manner in which the Court has analyzed the law has changed substantially over the last half century. This article reviews the shift in the Court's interpretation of the Act ver time. A review of the thirty cases that the Court has heard that involve statutory interpretation of the Clean Water Act show that the Court, during the early years of the law, focused heavily on legislative history and the purpose of the law in Section 101(a) and interpreted the law to carry out that purpose. Over time, though, the Court adopted a more textualist approach to interpreting the Clean Water Act and, beginning with the Rehnquist Court, the Court began to focus on protecting States' rights. In contrast to the Court's early opinions, opinions from the past few decades do not generally discuss the water quality protection purposes of Section 101(a) of the Clean Water Act. Instead, to the limited extent that the Court focuses on purposes of the law, it cites language in Section 101(b) of the law that discusses a Congressional policy to preserve and protect States' rights. A review of the Court's Clean Water Act cases also shows that, as the Court has moved to a more textualist approach to statutory interpretation, it has become more ideologically divided and the outcomes of the cases are more frequently those that could be characterized as anti-environmental. In addition, while early Supreme Court Clean Water Act decisions often adopted a rhetorical tone sympathizing with the government's efforts to advance public rights with limited resources, more recent decisions tend to adopt a tone of skepticism or even hostility toward government regulation.The shift in the Supreme Court's interpretation of the Clean Water Act is troubling because it coincides with Congressional disengagement in oversight of the law. In the first few decades after the Clean Water Act was enacted, Congress was vigilant in responding to Supreme Court and lower court interpretations of the law, and frequently legislated to affirm or overturn those interpretations. That is no longer the case, either for the Clean Water Act or most other environmental laws. If the Supreme Court adopts an interpretation of the law that conflicts with the water quality protection goals and purposes of the law, Congress is no longer likely to step in to correct the Court's mistake. The lack of concern demonstrated by the Supreme Court and Congress toward interpreting and applying the Clean Water Act to meet the Section 101(a) goals to protect water quality could be counterbalanced to some degree by aggressive implementation of the law by EPA and the U.S. Army Corps of Engineers to carry out those goals. Chevron deference to the agencies' interpretations of the law could provide a minor bulwark against the erosion of the law. However, courts are increasingly finding ways to avoid applying Chevron to agency decisions. Even if courts continued to aggressively apply Chevron to agency actions, though, deferring to the actions that the EPA and the Corps have taken over the past few years would not advance the water quality protection goals of the Clean Water Act because the agencies have increasingly emphasized the protection of States' rights policy of the law in Section 101(b) in their decision-making at the expense of the water quality protection goals of Section 101(a). The agencies' recent navigable waters protection rule and EPA's policy reversal regarding discharges to groundwater in the County of Maui, Hawaii v. Hawaii Wildlife Fund case are just a few examples of the agencies' policy shift.