In this article, the author reviews the effectiveness, efficiency, and political viability of federal water quality programs and possible reforms of those programs. The review includes not only the Clean Water Act, ostensibly the primary vehicle of federal water pollution control policy, but also subsidies under the Farm Bill that have the purpose or effect of reducing water pollution from agricultural sources. The author emphasizes that the CWA has historically been used to regulate point rather than non-point sources of water pollution and that it is now necessary to squarely address non-point-source water pollution if water quality is to be further improved. He suggests a "carrot and stick" approach for tackling non-point-source water pollution: the stick would be a federal requirement that states develop implementation plans imposing obligations on non-point sources; the carrot would involve the federal government rewarding agricultural sources covered by these plans with greater access to farm subsidies.
The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...
On Aug. 14, a Montana district court released a groundbreaking decision for climate change activists. In Held v. Montana, the court announced that...
This article discusses the links between climate and debt sustainability by focusing on how climate mitigation and adaptation are paid for, and who...
Environmentalists are frustrated that President Joe Biden agreed to greenlight the controversial Mountain Valley Pipeline, or MVP, as part of the...
On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments...
The Supreme Court’s new term begins on the first Monday of October. But before delving into the most important environmental case yet to be heard, it...
Environmental justice is rooted in an understanding that people of color and low-income communities are more likely than the population at large to...
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...
This chapter first explains how the federal Clean Water Act is linked with the implementation of other major environmental laws in the United States...
New legislation on Capitol Hill brings us closer than ever to having comprehensive data privacy protection and a civil right to intimate privacy. The...
Contributions to solving the globe’s environmental crisis are properly expected to come from every country to a greater or lesser degree depending on...
This paper, which appeared as Chapter 7 in Johnston, Climate Rationality: From Bias to Balance (2021), explains the economic and energy security...
This paper, which appeared as Chapter 7 in Johnston, Climate Rationality: From Bias to Balance (2021), explains the economic and energy security...
Roundtable Series for Environmental Law Faculty on the Future of Legal Education
ROUNDTABLE Three Questions Addressed by Authors: