Law Commons^™

Urbanization, Water Quality, And The Regulated Landscape, Dave Owen

University of Colorado Law Review

Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment of water quality standards. This Article considers legal responses to this pervasive problem. It explains why traditional legal measures have been ineffective, and it evaluates several recent innovations piloted in the northeastern United States. These innovations are potentially applicable across the nation. Specifically, the innovations involve using impervious cover total maximum daily loads, residual designation authority, and collective permitting to expand, intensify, and modify regulatory control of urban stormwater. More generally, the innovations involve …