Abstract

http://ssrn.com/abstract=1689156
 
 

Footnotes (22)



 


 



Clean Water Act Developments: The Aftermath of TMDL Litigation - Consent Decrees and Settlement Agreements


James May


Widener University - School of Law

February 9, 2006

36th Annual Advanced ALI-ABA Course of Study, Environmental Law, American Law Institute-American Bar Association, 2006

Abstract:     
This article provides the latest developments about TMDL lawsuits nationally. It concludes that the results of TMDL settlements are mixed, least so where it matters most. The glory is that EPA has reviewed anew, or had the states review, readily existing and available water quality related data and information for 40,000 waters, finding 20,000 more ones impaired, bringing the national total to 60,000. EPA has agreed to "backstop" TMDL development for about 20,000 of these, and set or approved TMDLs for 10,000 impaired waters. EPA has for the first time reviewed and evaluated CPPs in six states. It has conducted dozens of associated ESA consultations. EPA's Office of Watersheds and Wetlands now incorporates TMDL planning into all facets of its operations. Every EPA Region, state and territory now boasts at least one FTE TMDL coordinator and program. Congress and state legislators have dedicated millions of dollars to TMDLs. The legal, policy and scientific academies know the language of TMDLs. The glum is that TMDLs have had little or no impact where they matter most: restoring over-polluted waters. The program is both administratively mature and practically irrelevant. Thirty years plus into the program and the CWA's hope of an ambient-based response to the nation's overly polluted waters is at best ossified and at worst over.

Number of Pages in PDF File: 15

Keywords: environmental law, TMDL, clean water act, water pollution, total maximum daily load

JEL Classification: K32

working papers series


Download This Paper

Date posted: October 10, 2010  

Suggested Citation

May, James, Clean Water Act Developments: The Aftermath of TMDL Litigation - Consent Decrees and Settlement Agreements (February 9, 2006). 36th Annual Advanced ALI-ABA Course of Study, Environmental Law, American Law Institute-American Bar Association, 2006. Available at SSRN: http://ssrn.com/abstract=1689156 or http://dx.doi.org/10.2139/ssrn.1689156

Contact Information

James May (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
Feedback to SSRN


Paper statistics
Abstract Views: 250
Downloads: 27
Footnotes:  22

© 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 0.406 seconds