Wednesday, December 19, 2012

From Slate: The Clean Water Act is One of the Greatest Successes in Environmental Law

From an article in Slate worth reading in full:
A river catches fire, so polluted that its waters have “no visible life, not even low forms such as leeches and sludge worms.” This could describe the mythological River Styx from Hades. Residents of Cleveland, though, may recognize the government’s assessment of their own Cuyahoga River in 1969. While hard to imagine today, discharging raw sewage and pollution into our harbors and rivers has been common practice for most of the nation’s history, with devastating results. By the late 1960s, Lake Erie had become so polluted that Time magazine described it as dead. Bacteria levels in the Hudson River were 170 times above the safe limit.

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In 1972, a landmark law reversed the course of this filthy tide. Today, four decades later, the Clean Water Act stands as one of the great success stories of environmental law. Supported by Republicans and Democrats alike, the act took a completely new approach to environmental protection. The law flatly stated there would be no discharge of pollutants from a point source (a pipe or ditch) into navigable waters without a permit. ...

Protecting our nation’s waters may seem like common sense today, but the idea of nationally uniform, tough standards against polluters was both original and radical. ...

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By many measures, the Clean Water Act has fulfilled the ambition of its drafters. The sewage discharges that were commonplace in the 1960s are rare. The number of waters meeting quality goals has roughly doubled. Once a convenient dumping ground for all manner of filth, rivers now represent an urban gem. Hartford, Conn.; Kansas City, Kan.; Cleveland; and other cities have based much of their redevelopment around their now clean and inviting waters, with waterfront parks and the lure of fishing and trails along the water’s edge.

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But the glass is only half full, for major challenges remain. The EPA estimates that about half of our rivers and streams, one-third of lakes and ponds, and two-thirds of bays and estuaries are “impaired waters,” in many cases not clean enough for fishing and swimming. ...

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