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Full-Text Articles in Law
The Clean Water Act: When Dumping Dead Fish Is Not The Discharge Of A Pollutant—National Wildlife Federation V. Consumers Power Co., 862 F.2d 580 (6th Cir. 1988), Cheri Y. Cornell
The Clean Water Act: When Dumping Dead Fish Is Not The Discharge Of A Pollutant—National Wildlife Federation V. Consumers Power Co., 862 F.2d 580 (6th Cir. 1988), Cheri Y. Cornell
Washington Law Review
The Clean Water Act defines "discharge of a pollutant" as "any addition of any pollutant to navigable waters from a point source." This Note examines National Wildlife Federation v. Consumers Power Co., in which the court held that an addition occurs only when a pollutant is introduced into water from the outside world. The Note argues that legislative history and the structure of the Clean Water Act demand an interpretation of "addition" which includes causing a pollutant to appear in water.
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Articles
Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute public …