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Environmental Law

Golden Gate University Law Review

Journal

Clean Water Act of 1977

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Section 401 Of The Clean Water Act And Its Application To Nonpoint Source Pollution In California, Scott Smithline Sep 2010

Section 401 Of The Clean Water Act And Its Application To Nonpoint Source Pollution In California, Scott Smithline

Golden Gate University Law Review

This note addresses the Dombeck opinion and its relation to the State of California's nonpoint source water pollution. A brief description of Section 401 provides contextual support for the court's holding in Dombeck. In addition, the full impact of the Dombeck decision on California water quality cannot be understood without a discussion of the current nonpoint source pollution issues, and pollution control mechanisms currently in place on federal lands within California. Therefore, a brief analysis of nonpoint source pollution issues and policy (generally in the context of grazing) will precede the Dombeck case analysis.