Law Commons^™

2003 - Salinas Valley Sediment Sources

Related Research and Documents

The Salinas River is listed by the Environmental Protection Agency (EPA) under the Clean Water Act’s ‘303d list’ as being impaired due to ‘sedimentation/siltation.' A plan for management of the total maximum daily load of sediment is thus mandated. This plan was to include an assessment of sediment sources in the Salinas Watershed. The study provided the technical basis for this source analysis, to be used by the Central Coast Regional Water Quality Control Board (CCRWQB) in the development of the Salinas Sediment TMDL.

Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler

Public Land & Resources Law Review

In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …

Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

This Article makes two core arguments. First, it maintains that the common law of nuisance remains an essential backstop when existing regulatory authorities fail to address significant environmental problems. Second, reconnecting nuisance law to its historical roots, the Article maintains that common law litigation has served as an effective prod to help spur the development and implementation of new pollution control technology and to stimulate regulatory action to require its use, rather than serving as a vehicle for the judiciary to impose its own solutions for environmental problems.

This Article proceeds in four parts. Part I reviews the history of …