The Clean Water Act and Estuarian Habitat Restoration

11 Pages Posted: 22 Aug 2009

See all articles by Richard F. Golen

Richard F. Golen

University of Massachusetts Dartmouth - Charlton College of Business; University of Massachusetts School of Law at Dartmouth

Adam J. Sulkowski

Babson College

Date Written: August 20, 2009

Abstract

This paper will examine how habitat restoration, such as revitalizing shellfish beds and restoring wetlands, can be used as a way to clean estuarine waters from the effects of nitrogen pollution, and, in doing so, satisfy the statutory requirements and policy intent of the Clean Water Act.

The Clean Water Act (CWA) requires each state to produce a Total Maximum Daily Load (TMDL) report for bodies of water that are impacted by pollutants, as well as a remediation plan. This report begins by identifying a specific variety of pollution, the scale of the problem, and the extent to which the pollutants must be reduced. In addition, strategies are identified to accomplish the goal of pollutant reduction.

Since the 1990s, research has demonstrated the ability of oysters and other shellfish to filter the water column and therefore remove the effects of over-nitrification in coastal and estuarine waters. Other research has shown that wetlands restoration can be used as a denitrification tool as well. Both of these strategies use natural processes and have the benefits of not only removing nitrogen and its effects but also can provide benefits such as stimulating the regrowth of valuable eelgrass beds and revitalizing finfish populations and crustacean nurseries. Both have the ultimate effect of providing not only clearer estuarine waters but a potential source of sustainable food stocks.

This paper discusses the feasibility of using shellfish and wetlands restoration as an integral part of an overall strategy for the removal of the effects of over-nitrification of estuarine waters in the Total Management Daily Load process and argues that these tools meet both the statutory requirements CWA and its policy objectives of restoring water quality.

Keywords: Environmental Law Compliance, TMDL Process, Nitrogen Pollution, Filtration, Oysters, Wetland Restoration, Nutrient Trading

Suggested Citation

Golen, Richard F. and Sulkowski, Adam J., The Clean Water Act and Estuarian Habitat Restoration (August 20, 2009). Available at SSRN: https://ssrn.com/abstract=1458614 or http://dx.doi.org/10.2139/ssrn.1458614

Richard F. Golen

University of Massachusetts Dartmouth - Charlton College of Business ( email )

285 Old Westport Road
North Dartmouth, MA 02747
United States

University of Massachusetts School of Law at Dartmouth

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States

Adam J. Sulkowski (Contact Author)

Babson College ( email )

231 Forest St.
Babson Park, MA 02457-0310
United States

HOME PAGE: http://www.babson.edu/Academics/faculty/profiles/Pages/sulkowski-adam.aspx

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