From Protecting Water Quality to Protecting States' Rights

From Protecting Water Quality to Protecting States' Rights
Author: Stephen M. Johnson
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

In 1972, a bi-partisan Congress enacted the Clean Water Act “to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” Almost fifty years have passed since Congress enacted the law and, during that time, the Supreme Court has played a significant role in the administration and evolution of the law. Since the dawn of the environmental era in the 1970's, the Supreme Court has heard more cases involving the Clean Water Act than any other environmental law. However, the manner in which the Court has analyzed the law has changed substantially over the last half century. This article reviews the shift in the Court's interpretation of the Act ver time. A review of the thirty cases that the Court has heard that involve statutory interpretation of the Clean Water Act show that the Court, during the early years of the law, focused heavily on legislative history and the purpose of the law in Section 101(a) and interpreted the law to carry out that purpose. Over time, though, the Court adopted a more textualist approach to interpreting the Clean Water Act and, beginning with the Rehnquist Court, the Court began to focus on protecting States' rights. In contrast to the Court's early opinions, opinions from the past few decades do not generally discuss the water quality protection purposes of Section 101(a) of the Clean Water Act. Instead, to the limited extent that the Court focuses on purposes of the law, it cites language in Section 101(b) of the law that discusses a Congressional policy to preserve and protect States' rights. A review of the Court's Clean Water Act cases also shows that, as the Court has moved to a more textualist approach to statutory interpretation, it has become more ideologically divided and the outcomes of the cases are more frequently those that could be characterized as anti-environmental. In addition, while early Supreme Court Clean Water Act decisions often adopted a rhetorical tone sympathizing with the government's efforts to advance public rights with limited resources, more recent decisions tend to adopt a tone of skepticism or even hostility toward government regulation.The shift in the Supreme Court's interpretation of the Clean Water Act is troubling because it coincides with Congressional disengagement in oversight of the law. In the first few decades after the Clean Water Act was enacted, Congress was vigilant in responding to Supreme Court and lower court interpretations of the law, and frequently legislated to affirm or overturn those interpretations. That is no longer the case, either for the Clean Water Act or most other environmental laws. If the Supreme Court adopts an interpretation of the law that conflicts with the water quality protection goals and purposes of the law, Congress is no longer likely to step in to correct the Court's mistake. The lack of concern demonstrated by the Supreme Court and Congress toward interpreting and applying the Clean Water Act to meet the Section 101(a) goals to protect water quality could be counterbalanced to some degree by aggressive implementation of the law by EPA and the U.S. Army Corps of Engineers to carry out those goals. Chevron deference to the agencies' interpretations of the law could provide a minor bulwark against the erosion of the law. However, courts are increasingly finding ways to avoid applying Chevron to agency decisions. Even if courts continued to aggressively apply Chevron to agency actions, though, deferring to the actions that the EPA and the Corps have taken over the past few years would not advance the water quality protection goals of the Clean Water Act because the agencies have increasingly emphasized the protection of States' rights policy of the law in Section 101(b) in their decision-making at the expense of the water quality protection goals of Section 101(a). The agencies' recent navigable waters protection rule and EPA's policy reversal regarding discharges to groundwater in the County of Maui, Hawaii v. Hawaii Wildlife Fund case are just a few examples of the agencies' policy shift.

Water Pollution Issues and Developments

Water Pollution Issues and Developments
Author: Sarah V. Thomas
Publisher: Nova Publishers
Total Pages: 298
Release: 2008
Genre: Nature
ISBN: 9781604562088

Pollution is undesirable state of the natural environment being contaminated with harmful substances as a consequence of human activities so that the environment becomes harmful or unfit for living things; especially applicable to the contamination of soil, water, or the atmosphere by the discharge of harmful substances. In addition to the harm to living beings, both present or future and known or unknown, pollution cleanup and surveillance are enormous financial drains of the economies of the world. This book focuses on issues and developments critical for the field.

Clean Water Policy and State Choice

Clean Water Policy and State Choice
Author: John C. Morris
Publisher: Cambridge University Press
Total Pages: 299
Release: 2022-03-17
Genre: Science
ISBN: 110899668X

The Water Quality Act of 1987 ushered in a new era of clean water policy to the US. The Act stands today as the longest-lived example of national water quality policy. It included a then-revolutionary funding model for wastewater infrastructure - the Clean Water State Revolving Fund - which gave states much greater authority to allocate clean water infrastructure resources. Significant differences between states exist in terms of their ability to provide adequate resources for the program, as well as their ability (or willingness) to meet the wishes of Congress to serve environmental needs and communities. This book examines the patterns of state program resource distribution using case studies and analysis of state and national program data. This book is important for researchers from a range of disciplines, including water, environmental and infrastructure policy, federalism/intergovernmental relations, intergovernmental administration, and natural resource management, as well as policy makers and policy advocates.

International Encyclopedia of Geography, 15 Volume Set

International Encyclopedia of Geography, 15 Volume Set
Author: Noel Castree
Publisher: John Wiley & Sons
Total Pages: 8364
Release: 2017-03-20
Genre: Science
ISBN: 0470659637

Representing the definitive reference work for this broad and dynamic field, The International Encyclopedia of Geography arises from an unprecedented collaboration between Wiley and the American Association of Geographers (AAG) to review and define the concepts, research, and techniques in geography and interrelated fields. Available as a robust online resource and as a 15-volume full-color print set, the Encyclopedia assembles a truly global group of scholars for a comprehensive, authoritative overview of geography around the world. Contains more than 1,000 entries ranging from 1,000 to 10,000 words offering accessible introductions to basic concepts, sophisticated explanations of complex topics, and information on geographical societies around the world Assembles a truly global group of more than 900 scholars hailing from over 40 countries, for a comprehensive, authoritative overview of geography around the world Provides definitive coverage of the field, encompassing human geography, physical geography, geographic information science and systems, earth studies, and environmental science Brings together interdisciplinary perspectives on geographical topics and techniques of interest across the social sciences, humanities, science, and medicine Features full color throughout the print version and more than 1,000 illustrations and photographs Annual updates to online edition

Public Policies for Environmental Protection

Public Policies for Environmental Protection
Author: Paul R. Portney
Publisher: Resources for the Future
Total Pages: 308
Release: 2000
Genre: Business & Economics
ISBN: 9781891853036

A supplemental text for courses in environmental economics, environmental science, and environmental politics. Writing style is nontechnical and accessible. This second edition is revised to account for changes in the institutional, legal, and regulatory framework of environmental policy, with updated chapters on EPA and federal regulation, air and water pollution policy, and hazardous and toxic substances. There are new chapters on market-based environmental policies, global climate change, and solid waste. Portney is president and senior fellow of Resources for the Future. Stavins is professor of business and government and faculty chair of the Environment and Natural Resources Program at Harvard University. Annotation copyrighted by Book News, Inc., Portland, OR

Innovation in Environmental Policy?

Innovation in Environmental Policy?
Author: Andrew Jordan
Publisher: Edward Elgar Publishing
Total Pages: 377
Release: 2009-01-01
Genre: Political Science
ISBN: 1848445067

. . . offering an enjoyable read in comparative politics and policy, it offers a point of reference for understanding the conceptual and empirical possibilities for further research in EPI. Darren McCauley, West European Politics . . . a bank of internationally based case studies written by leading environmental experts. The Environmentalist The organisation of th[is] book is exemplary, particularly for an edited volume. . . [A]n impressive intellectual contribution to the understanding of EPI. . . I strongly recommend it to scholars and students. . . and, crucially, also to politicians and civil servants who have attempted (or half-attempted) the task of remedying the historical neglect of environmental issues. Ian Bailey, Environment and Planning C Good social science may not raise our spirits, but it should improve our policy understanding. Andrew Jordan and Andrea Lenschow have produced a volume that provides a subtle and empirically informed understanding of environmental policy integration, using a design that looks both at the full policy cycle and at cross-national comparisons. From the foreword by Albert Weale FBA, University of Essex, UK Policy coordination is normally studied in hierarchical and institutional terms. This volume demonstrates the power of an idea to function as a framework for coordination. It offers an innovative study of policy coordination, as well as a thorough study of environmental policy. Guy Peters, University of Pittsburgh, US This book deals with a critical challenge facing modern governments: how to integrate environmental thinking into all policy areas. It provides fascinating insights into the progress made in realizing this objective and is a must read for anyone interested in understanding how far we have come, and how far we still have to go, in greening government for sustainable development. James Meadowcroft, Carleton University, Canada This collection brings together leading scholars in the field to explore the origins and applications of different instruments of environmental policy integration from a comparative perspective. This book is a must read for environmental policy practitioners and scholars with an interest in how environmental outcomes can and are being improved. Miranda A. Schreurs, Freie Universität Berlin, Germany Environmental Policy Integration (EPI) is an innovative policy principle designed to deliver sustainable development. This book offers an unrivalled exploration of its conceptualization and implementation, drawing upon a set of interlinked case studies of the most common implementing instruments and the varied experience of applying them in six OECD states and the EU. Written by a team of international experts, it identifies and explains broad patterns and dynamics in what is an important area of contemporary environmental policy analysis. This insightful account of the state-of-the-art aims to offer a valuable resource for academics interested in environmental politics and policy analysis, as well as the broader, interdisciplinary theme of governance for sustainable development . It will interest advanced undergraduate and postgraduate students taking courses in comparative politics, public administration and environmental politics and policy-making. Given the continuing political relevance of sustainability, it should also appeal to NGOs, think tanks and international bodies attempting to coordinate policies across and within different levels of governance.

The Oxford Companion to American Politics

The Oxford Companion to American Politics
Author: David Coates
Publisher: Oxford University Press, USA
Total Pages: 1141
Release: 2012-07-12
Genre: Political Science
ISBN: 019976431X

Provides students and scholars with a valuable reference source in the field of American Politics. The Companion will equip readers with a deep understanding of the complex interaction between governmental institutions and processes and the wider American economy and society that they govern.