ENVS 2256 Lecture Notes - Lecture 22: Total Maximum Daily Load, Cuyahoga River
16 May 2018
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someone is reviewing the interpretation of a statute, if it falls in the permissible readings!•
give the agencies deference -> have technical expertise!•
know how to turn Congress' statutes into policies!◦
courts dont really have the expertise!•
going to mostly defer to the agency!◦
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Reviewing Agency Interpretation!
look at statute as say...!•
Was Congress!•
1) Ambiguous -> spoken to the issue!◦
no room for interpretation!‣
is the statute very clear!‣
is yes -> then they won't defer to the agency (no deference)!‣
2) Is Agency Regulation Reasonable!◦
arbitrary, capricious -> no deference!‣
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Before Clean Water Amendments!
had the Rivers and harbors act!•
Water Pollution Control!•
only resulted discharges, had very little enforcement power!◦
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1969 -> Cuyahoga River burning!•
pollution was so bad!◦
spark coming from overpass on bridge made river catch fire!◦
oils and chemicals!◦
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Clean Water Act Overview!
point source discharges into navigable waters!•
have a body of water!‣
have industrial facilities discharging water into body of water!‣
CWA -> requires facilities that discharge into navigable waters !‣
specific technological standards they have to control!•
at the point of the discharge, the permits control what comes out w/ certain levels!‣
control amount of material that goes into water per day!‣
restrict anybody covered by Act from putting pollutant into the water w/o permit!‣
sets restrictions before anything is put into water!◦
also sets water quality standards -> still very important!◦
look at the actual water, instead of polluter!‣
1) states will look at what body of water is used for!‣
2) what are quality standards that need to be in place for the purpose its used for!‣
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Total Maximum Daily Load -> TMDL!◦
need water to meet these standards!‣
sets regulations for the water to further augment what the dischargers have to follow!‣
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CWA is a federal program but the states can enforce it!•
