Document Type

Working Paper

Publication Date

3-13-2013

SSRN Discipline

Legal Scholarship Network; PSN Subject Matter eJournals; Political Economy - Comparative eJournals; Law School Research Papers - Legal Studies; Administrative Law eJournals; LSN Subject Matter eJournals; SRPN Subject Matter eJournals; Political Institutions eJournals; Sustainability Research & Policy Network; Political Science Network; Social Responsibility of Business eJournals; Environmental & Natural Resources Law eJournals

Abstract

The Clean Water Act has produced a tremendous amount of progress over the past forty years Both municipal and industrial discharges have declined sharply the loss of wetlands has been cut decisively and water quality has broadly improved Much more work however remains to be done Not surprisingly given the limits of human forethought and political capacity the original statutory design was not perfect Furthermore the statutes implementation has not been perfect due in large part to often straitened budgets instances of bureaucratic timidity and lethargy and the hostility that some administrations and some Congresses have exhibited towards strong environmental protection Although more robust administrative action can improve the effectiveness of the Act in a number of ways it will take contressional action to fully address the jurisdictional budgetary and structural problems that are obstructing efforts to fully restore and maintain the chemical physical and biological integrity of the nations waters The prospects for such comprehensive congressional action are slight at the present time In fact we are enduring yet another backlash on Capitol Hill against regulation as well as against the protections provided by the Clean Water Act It will take renewed and stronger efforts to inform and galvanize public opinion not only to defeat the current backlash but to build the level of support necessary to complete the task that the nation so boldly embarked upon in 1972 This article discusses both the Acts major successes as well as the problems that remain In addition the article explores the most recent congressional backlash against the Acts regulatory structure and proposes a number of steps aimed toward turning generalized public support for clean water into legislative action

Download

Share

COinS