Abstract

http://ssrn.com/abstract=1279104
 


 



Local or National? the Increasing Federalization of Nonpoint Source Pollution Regulation


Robin Kundis Craig


University of Utah S.J. Quinney College of Law

2000

Journal of Environmental Law & Litigation, Vol. 15, 2000
FSU College of Law, Public Law Research

Abstract:     
Since 1972, the Clean Water Act (CWA) has incorporated a basic division of regulatory authority between states and the federal government based on the source of the water pollution. In delineating state and federal regulatory responsibility on the basis of a point source/non point source distinction, the CWA establishes a scheme of statutory federalism -- a division of power between the national and more local levels of government.

Of course, federalism has a constitutional component, and were the state and federal spheres of regulatory authority always mutually exclusive, constitutional boundary drawing would be the only inquiry relevant to the interactions of the state and federal governments in environmental law. However, they are not, and statutes like the CWA thus embody Congress' political judgment as to how to best divide state and federal regulatory authority, not a fixed constitutional mandate.

From a federalism perspective, the division of federal and state regulatory authority along point source/non point source lines is not arbitrary. Comprehensive federal regulation of non point source pollution would arguably engage the federal government in land use regulation -- a type of regulation historical viewed as belonging almost exclusively to more local levels of government.

This article examines the increasing federalization of non point source pollution regulation under the CWA over time.

Number of Pages in PDF File: 56

Keywords: Clean Water Act, nonpoint source, point source, federalism, Best Management Practice, land use

Accepted Paper Series


Download This Paper

Date posted: October 6, 2008 ; Last revised: February 13, 2014

Suggested Citation

Craig, Robin Kundis, Local or National? the Increasing Federalization of Nonpoint Source Pollution Regulation (2000). Journal of Environmental Law & Litigation, Vol. 15, 2000; FSU College of Law, Public Law Research. Available at SSRN: http://ssrn.com/abstract=1279104

Contact Information

Robin Kundis Craig (Contact Author)
University of Utah S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

Feedback to SSRN


Paper statistics
Abstract Views: 603
Downloads: 67
Download Rank: 200,907
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.312 seconds