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Holding Nature Responsible: The Natural Conditions Exception To Water Quality Standards Of The Clean Water, Shimshon Balanson

Cleveland State Law Review

Part I provides a background to the Clean Water Act (“CWA”), including a brief review of its history, structure, and the development of water quality standards. The analysis in Part II.A explores the states' responsibilities in compiling a list of impaired water under CWA § 303(d), while Part II.B reviews the evolution of the “natural conditions” exception in case law, state regulation, and EPA policy and guidance. Part II.C evaluates the validity of the “natural conditions” exception from three frameworks—scientific, public policy, and legal—and raises serious questions as to whether deviatory water quality standards cohere with the principles and purposes …