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The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry May 1970

The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry

Michigan Law Review

The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort ...


Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan May 1970

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the ...


Effluent Charges: Water Polution Control, Giovanna M. Longo Jan 1970

Effluent Charges: Water Polution Control, Giovanna M. Longo

University of Michigan Journal of Law Reform

Various schemes to abate pollution have been proposed as the answer to the problem: expansion of existing treatment facilities; imposition of heavy penalties on individual polluters; granting tax incentives to reduce pollution; an absolute prohibition on dumping of certain or all pollutants; and the imposition of effluent charges. The particular remedy that is pursued should be selected on the basis of its ability to eliminate the root causes of pollution. Therefore, before an effective solution may be formulated, it is necessary to consider the reasons for the existence of the water pollution problem.


Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham Jan 1970

Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham

University of Michigan Journal of Law Reform

In the final hours of a three month session, Vermont's legislature adopted a water pollution control law which imposes fees on polluters. Control of water pollution has been a popular issue in Vermont-its first comprehensive laws on the subject were passed in 1949 -and this new legislation is designed to be a major step toward upgrading much of that state's water resources. Increasing industrial and municipal water use has resulted in such widespread pollution that the traditional private law of riparian rights provides an inadequate remedy to the problem of unclean water. Consequently, state intervention has become essential ...