Physical Sciences and Mathematics Commons^™

Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis.

Flow Generation And Propagation From Headwater Wetlands To Downstream Waters, Leanne Marie Stepchinski

USF Tampa Graduate Theses and Dissertations

Headwater wetlands are connected to one another and to downstream waters by dynamic hydrologic flowpaths, functioning as integrated hydrologic networks at the watershed scale. Headwater wetlands perform a variety of hydrologic lag, sink, and source functions, including flow generation and propagation, thereby contributing to the natural flow regimes of downgradient waters. The functions of individual wetlands and their contributions to hydrologic connectivity and subsequently to the natural flow regime have been widely studied and are well understood. Comparatively, the functions and hydrologic connectivity within wetland complexes as a whole and their collective subsequent contributions to the natural flow regime of …

Before And After The Clean Water Act: How Science, Law, And Public Aspirations Drove Seven Decades Of Progress In Maine Water Quality, David L. Courtemanch, Susan P. Davies, Eileen Sylvan Johnson, Rebecca Schaffner, Douglas Suitor

Maine Policy Review

In the 1950s, Maine established a water quality classification system creating the conceptual scaffolding of a tiered system of management. Passage of the federal Clean Water Act in 1972 drove dramatic advances in science, technology, and policy leading to systematic improvement for the next five decades. Today’s tiered classification system provides a range of management goals from natural to various allowable uses. The state assigns uses and standards for each classification, incorporating physical, chemical, and biological indicators. This system has brought steady improvement in water quality, ecological condition, and overall value for human use. Visible evidence of improvement and adoption …

Essays On Clean Water Act And Safe Drinking Water Act, Sharaban Tahura Anica

Graduate Theses, Dissertations, and Problem Reports

This dissertation empirically examines three issues related to CWA and SDWA: 1) Financial Assistance and Environmental Compliance; 2) Financial Assistance Priorities from the Clean Water State Revolving Fund; and 3) Drinking Water Compliance during COVID-19 Pandemic.

Using the National Pollution Discharge Elimination System compliance and the Clean Water State Revolving Funds (CWSRF) data for wastewater treatment plants in nine states between 2010 and 2018, chapter 2 examines a) the effect of non-compliance on the distribution and size of awarded CWSRF loans, and b) the effects of the CWSRF provision and award size on post-funding compliance. Funded facilities are found to …

Knowledge Exchange And Social Capital For Freshwater Ecosystem Assessments, Lauren M. Kuehne, Angela Strecker, Julian Olden

Publications

The 1972 Clean Water Act (CWA) provided crucial environmental protections, spurring research and corresponding development of a network of expertise that represents critical human capital in freshwater conservation. We used social network analysis to evaluate collaboration across organizational types and ecosystem focus by examining connections between authors of freshwater assessments published since the CWA. We found that the freshwater assessment network is highly fragmented, with no trend toward centralization. Persistent cohesion around organizational subgroups and minimal bridging ties suggest the network is better positioned for diversification and innovation than for learning and building a strong history of linked expertise. Despite …

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 …

The Significant Surface-Water Connectivity Of “Geographically Isolated Wetlands”, Aram J. K. Calhoun, David M. Mushet, Laurie C. Alexander, Edward S. Dekeyser, Laurie Fowler, Charles R. Lane, Megan W. Lang, Mark C. Rains, Stephen C. Richter, Susan C. Walls

School of Geosciences Faculty and Staff Publications

We evaluated the current literature, coupled with our collective research expertise, on surface-water connectivity of wetlands considered to be “geographically isolated” (sensu Tiner Wetlands 23:494–516, 2003a) to critically assess the scientific foundation of grouping wetlands based on the singular condition of being surrounded by uplands. The most recent research on wetlands considered to be “geographically isolated” shows the difficulties in grouping an ecological resource that does not reliably indicate lack of surface water connectivity in order to meet legal, regulatory, or scientific needs. Additionally, the practice of identifying “geographically isolated wetlands” based on distance from a stream can …

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Temporal Trends In The Spatial Distribution Of Impervious Cover Relative To Stream Location, J. Wickham, A. Neale, M. Mehaffey, T. Jarnagin, D. Norton

United States Environmental Protection Agency: Staff Publications

Use of impervious cover is transitioning from an indicator of surface water condition to one that also guides and informs watershed planning and management, including Clean Water Act (33 U.S.C. §1251 et seq.) reporting. Whether it is for understanding surface water condition or planning and management, impervious cover is most commonly expressed as summary measurement (e.g., percentage watershed in impervious cover). We use the National Land Cover Database to estimate impervious cover in the vicinity of surface waters for three time periods (2001, 2006, 2011). We also compare impervious cover in the vicinity of surface waters to watershed summary estimates …

Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group

Books, Reports, and Studies

40 pages (includes color illustrations).

Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Richard E. Schwartz, Crowell & Moring LLP

38 slides

Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Alan E. Curtis, White & Jankowski, LLP

23 slides

Slides: Colorado’S Groundwater Protection Program, Andrew Ross

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Andrew Ross, Colorado Department of Public Health and Environment

22 slides

Water Quality Trading Markets For The Kentucky River Basin: A Point Source Profile, Ronald Childress Jr.

Theses and Dissertations--Agricultural Economics

This study assessed the feasibility and suitability of a Water Quality Trading (WQT) program within the Kentucky River Basin (KRB). The study’s focal point was based on five success factors of a WQT program: environmental suitability, geospatial orientation, participant availability, regulatory incentive, and economic incentive. The study utilized these five success factors, geographical characteristics, and Discharge Monitoring Reports (DMR) to assess the feasibility of a WQT program.

The assessment divided the KRB into five eight digit Hydrologic Unit Codes (HUC), North, Middle, and South Fork, Middle Basin, and Lower Basin, to determine regional impacts caused by the nutrient PSs. Individual …

The Impact Of Redefining Navigable Waters Under The Clean Water Act, Kate Miller

Kate Miller

For decades, the Clean Water Act has been the foundation for the comprehensive protection of our nation’s waterways. Unfortunately, in the last ten years, two Supreme Court cases have undermined the ability of the EPA and the Army Corps of Engineers to protect intermittent and ephemeral streams, as well as so-called “isolated” wetlands, all of which make up a significant and vital portion of the country’s hydrologic profile. This report examines the legal background of the cases and then utilizes GIS technology to demonstrate the potential ramifications for the waters in the State of Delaware, including both the physical and …

Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY

24 slides

Slides: Evolving Policy On Shale Plays, John Martin

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John Martin, Crowell & Moring, LLP, Washington, DC

17 slides

Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.

12 slides

Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.

This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.

Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited

12 slides

Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT

25 slides

Mitigation Under Section 404 Of The Clean Water Act: Where It Comes From, What It Means, Palmer Hough, Morgan Robertson

United States Environmental Protection Agency: Staff Publications

The requirement to mitigate impacts to wetlands and streams is a frequently misunderstood policy with a long and complicated history. We narrate the history of mitigation since the inception of the Clean Water Act Section 404 permit program in 1972, through struggles between the US Environmental Protection Agency and the US Army Corps of Engineers, through the emerging importance of wetland conservation on the American political landscape, and through the rise of market-based approaches to environmental policy. Mitigation, as it is understood today, was not initially foreseen as a component of the Section 404 permitting program, but was adapted from …

Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School

14 slides

Slides: Energy Production And The West's Wild Places, Amy Mall

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council

28 slides

An Application For A State Designated, Federally Approved No Discharge Area For Boston Harbor, Ma, City Of Boston Environment Department, City Of Quincy Harbormaster, Urban Harbors Institute, University Of Massachusetts Boston, Charles River Watershed Association

Urban Harbors Institute Publications

The municipalities surrounding Boston Harbor are requesting that the Commonwealth of Massachusetts designate the waters of Boston Harbor as a No Discharge Area (NDA) pursuant to the Clean Water Act, Section 312(f)(3). An NDA is a body of water in which the discharge of vessel sewage, whether treated or not, is prohibited. The No Discharge Area would be called the Boston Harbor No Discharge Area.

While the waters of Boston Harbor are under the jurisdiction of a number of different municipalities, water quality issues affect the harbor as a whole. Past efforts to clean up the harbor have occurred across …

The Clean Water Act In Maine: Goals And Financing, Andrew Fisk

Maine Policy Review

Andrew Fisk gives an overview of the history of the federal Clean Water Act and of Maine’s efforts to improve the quality of the state’s lakes, rivers and streams. He describes how the Clean Water Act works and how its provisions are implemented. While the quality of Maine’s water bodies has improved greatly, much work still remains to be done in the areas of rain and stormwater runoff and mercury pollution, and in having adequate financing and infrastructure over the long term.